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`Yulissa Zulaica (SBN: 276040)
`JOHNSTON, KINNEY & ZULAICA LLP
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`101 Montgomery Street, Suite 1600
`San Francisco, California 94104
`Telephone: (415) 693-0550
`Facsimile:
`(415) 693-0500
`Email: yulissa@jkzllp.com
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`
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`Attorneys for Petitioner, Maria Garcia Bautista,
`Trustee
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`SUPERIOR COURT OF THE STATE OF CALIFORNIA
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`IN THE COUNTY OF SAN FRANCISCO
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`
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`In the Matter of the:
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`Gilda Dunn Revocable Trust dated March
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`8, 2020.
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`CASE NO: PTR “209303 8 7 6, ..
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`PETITION FOR ORDER CONFIRMING
`TRUST ASSETS
`~-
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`[Probate Code § 850(A)(3)]
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`Date,
`Time:
`De L:
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`Judge:
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`:JAN ,2 2021'
`Q 500 01/14
`
`Z04
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`
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`Petitioner, Maria Garcia Bautista, (“Petitioner” or “Trustee”), in her capacity as Trustee of the
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`Gilda Dunn Revocable Trust (the “Trust”), by and through this Petition for Order Confirming Trust
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`Assets (the “Petition”), seeks an order from the Court confirming that certain assets are assets of the
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`Trust, subject to the control of Petitioner as Trustee of the Trust, and hereby alleges as follows:
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`I. FACTUAL BACKGROUND
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`1.
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`Decedent, Gilda Dunn, formerly known as Bertha Garcia Bautista and also known as
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`Gilda Josephine Dunn (“Decedent”), died on June 26, 2020. Decedent was a resident of San Francisco
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`County at the time of her death. A true and correct copy of Decedent’s death certificate is attached as
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`Exhibit A and incorporated herein by reference (redacted only for privacy reasons).
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`2.
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`On March 8, 2020, Decedent executed the Trust in her capacities as Grantor and Trustee.
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`A true and complete copy of the Trust is attached hereto as Exhibit B and incorporated herein by
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`reference.
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`3.
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`Prior to her death the Decedent transferred to the Trust by deed her real property located
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`1
`PETITION FOR ORDER CONFIRMING TRUST ASSETS
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`at:
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`a.
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`897-899 Elizabeth Street,
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`including. 301 Hoffman Avenue, San Francisco,
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`California, (AFN: Block 2829, Lot 015A);
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`b.
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`10508 Shannon Place, El Paso, Texas (Prop ID: 187162, Geo ID: P654—999-0010-
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`3900, a portion of Lot 18, Block 1, Pebble Hills Subdivision Unit 7); and
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`c.
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`10532 Shannon Place, El Paso, Texas (Prop ID: 289251, Geo ID: P654-999-0010-
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`4700, a portion of Lot 20, Block 1, Pebble Hills Subdivision Unit 7).
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`(Collectively referred to herein after as the “Properties”). Copies of said deeds are attached hereto as
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`Exhibits C, D, and E, respectively. Unfortunately, the Decedent was unable to formally transfer any
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`other assets to the Trust prior to her death. Decedent identified other assets, namely Chase Bank
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`Accounts, Security Service Accounts, CitiBank Accounts, and GECU Accounts, (collectively, “Bank
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`Accounts”) and a Promissory Note and Deed of Trust executed by Fergus O’Sullivan (collectively, the
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`“Note”). A list of the Bank Account numbers is attached hereto as Exhibit F. A copy of the Promissory
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`Note is attached hereto as Exhibit G.
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`4.
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`Pursuant to Section 2.1 of the Trust, Petitioner became the Trustee of the Trust upon
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`Decedent’s death and has continued to serve in such capacity since that time. (See Ex. B at pg. 3.)
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`5.
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`Decedent was not married or in a registered domestic partnership at the time of her death.
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`Decedent had no children, living or deceased. Decedent was survived by her four siblings, Petitioner,
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`Jose Jaime Garcia Bautista (“Jose”), Pedro Armando Garcia Bautista (“Pedro”), and Mario Garcia
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`Bautista (“Mario”).
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`6.
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`Jennifer Dayco, Decedent’s goddaughter, and Niko Sue, grandson of Decedent’s close
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`friend, are specific beneficiaries under the Trust. Petitioner, Jose, Pedro and Mario are the only
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`remainder beneficiaries of the Trust. (See Ex. B at pg. 4, Section 3.3.)
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`7.
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`Pursuant to the Trust Recitals, Decedent transferred assets to the Trust by making a “gift
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`and settlement of the Grantor’s” assets described in the Trust’s Schedule A to the Trust, as well as the
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`proceeds of such assets. (See Ex. B at pg. 1; Sch. A.)
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`8.
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`On March 8, 2020, Decedent also executed her Will (the “Will”), a true and complete
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`copy of which is attached as Exhibit H and incorporated herein by reference. The Will is a typical
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`PETITION FOR ORDER CONFIRMING TRUST ASSETS
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`“pour-over will,” which provides that all of Decedent’s property that is held in her name individually at
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`her death, to be “added to the trust estate of the [Trust], to be held, administered and distributed by the
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`Trustee in accordance with all the terms and provisions of [the Trust] and any amendments properly
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`made to it, including amendment that are property made after my death.” (See Ex. H at pgs. 1-2, Section
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`2.1.)
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`9.
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`Section 2.1 of the Will further provides that if the Trust is not then in existence at the time
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`of distribution from Decedent’s estate, the terms of the Trust will be incorporated into the Will and the
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`trustee is directed to distribute and administer said assets as the personal representative in accordance
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`with the terms therein. (See Ex. H at pg. 2.)
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`10’
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`_10.
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`Additionally, on March 8, 2020, the Decedent executed» an Assignment of Intangible
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`Property and an Assignment of Promissory Note (collectively, the “Assignments”), true and complete
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`copies of which are attached as Exhibit I and Exhibit J, respectively, and incorporated herein by
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`reference. The Assignment of Intangible Property states that, “[the Assignment] shall include, but is not
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`limited to stocks, bonds, bank accounts, checking accounts, certificates of deposit. . .” Furthermore, the
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`Assignment of Promissory Note states that the Decedent, “assign[s], transfer[s], and convey[s] without
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`consideration all of my right, title, and interest in the Promissory Note...to [the Trust].”
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`11.
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`Pursuant to the foregoing and the provisions of the Will, the Bank Accounts and the Note
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`would all be transferred to the Trust if a probate were to be opened for Decedent’s estate.
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`12.
`No probate has been opened in this Court or other court for Decedent’s estate, nor will
`one be necessary if the Court grants the relief requested in this Petition. Furthermore, no other action is
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`pending before this Court or other court addressing the ownership of any of the above-referenced assets.
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`II. JURISDICTION AND VENUE
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`13.
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`The court has jurisdiction over this matter under Probate Code Section 850(a)(3)(B),
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`because Petitioner, as Trustee of the Trust, have a claim to certain assets, the title to which is held in
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`Decedent’s name individually.
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`14.
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`Venue is proper in San Francisco County because the Decedent resided in San Francisco
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`County at the time of her death. Further, the place of administration and the day to day activities of the
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`Trust occur in San Francisco, California.
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`3
`PETITION FOR ORDER CONFIRMING TRUST ASSETS
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`III. DISCUSSION
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`15.
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`All proceedings concerning the transfer of trust property must be performed in
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`accordance with California Probate Code Section 850, et. seq., which provides that a trustee is authorized
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`to petition the court for an order verifying a trust’s ownership interest in “real or personal property, title
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`to or possession of which is held by another.” (See Cal. Prob. Code § 850(a)(3)(B).)
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`16.
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`Here, Petitioner, as Trustee of the Trust, have a claim to the Bank Accounts, held in
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`Decedent’s name as an individual. Petitioner, therefore, seek an order from the Court confirming that
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`the Bank Accounts are assets of the Trust.
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`17.
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`In Estate ofHeggstad (1993) 16 Cal.App.4th 943, 948, the Court of Appeals held that a
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`trustor’s written agreement, which establishes the trustor’s trust as the owner of the trustor’s property, is
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`sufficient to create a trust in such property and that the law does not require a separate formal deed or
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`other written assignment specifically transferring such property to the trust.
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`In interpreting the terms of
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`a trust, case law has also established that the trustor’s intent with regard to his or her trust is
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`paramount. (See Cal. Prob. Code §21102(a); Kropp v. Sterling Sav. & Loan Ass ’n (1970) 9 Cal.App.3d
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`1033, 1044, quoting Title Ins. & Trust Co. v Duflill (1923) 191 Cal 629, 642.)
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`18.
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`More recently, in Ukkestad v. RBS Asset Finance (2015) 235 Cal.App.4th 156, the court
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`held that a statement in a trust instrument that the settlor was conveying “all of his real and personal
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`property” to the trustee, including “real property...wherever situated,” was sufficient to legally convey
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`assets to the decedent’s trust. (Id. at 163.)
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`19.
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`Similar to Heggstad and Ukkestad, the Trust Recitals state that “. . .the Grantor makes a
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`gift and settlement of. ..[the assets] listed on Schedule ‘A’ . . .and the Trustee upon executing this
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`Agreement agrees to hold and the trust estate of the Trust...” (See Ex. B. at 2.) The Property listed on
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`Schedule A was assigned to the Trust upon execution of the Trust and are Trust assets even though
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`formal title did not change. Moreover, the Decedent executed separate assignments, one general for her
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`tangible property, and another specific to real estate and a promissory note. It is clear through her actions
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`that those assets and any proceeds or undistributed income of the Property should also be considered
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`assets of the Trust, as the Decedent intended.
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`20.
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`Decedent did not have the time, or the ability, to transfer assets to the Trust due to her
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`PETITION FOR ORDER CONFIRMING TRUST ASSETS
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`illness and died soon after the Trust’s execution. That being said, Schedule A of the Trust (See Ex. B at
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`Sch. A), demonstrates that Decedent intended for the Bank Accounts and the Note to be assets of the
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`Trust and that her failure to formally transfer title to the Bank Accounts and the Note to the Trust was
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`not an intentional omission (Cf Cal. Prob. Code § 21102(a) and Kropp, 9 Cal.App.3d at 1044). Indeed,
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`the Grantor and her attorney knew she was ill, and while the real estate was formally transferred to the
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`Trust, there was a high likelihood that the Grantor would be unable to transfer the Bank Accounts and
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`the Note to the Trust. For that reason, the Decedent’s known assets were specifically included in
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`Schedule A and separate assignments were prepared, signed and notarized to allow for this procedure
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`after her death. Thus, under the holdings of Heggstad, Kropp, and Ukkestad, Decedent’s assignment of
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`the Trust assets per the Trust Recitals and Schedule A of the Trust (See Ex. B at Sch. A) were sufficient
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`to transfer to the Trust and make them assets of the Trust.
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`21.
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`Additionally, under the terms of Section 2.1 of the Will, any assets of Decedent’s probate
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`estate will ultimately pass to the Trust, and thereafter be distributed according to the terms of the Trust.
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`(See Ex. H at 1.) Section 2.1 of the Will further provides that if the Trust is not in existence at the time
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`of distribution from Decedent’s estate, the terms of the Trust will be incorporated into the Will and the
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`personal representative is directed to distribute Decedent’s assets, and the trustee, in the capacity of
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`personal representative, shall administer and distribute said assets in accordance with the terms therein.
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`(See Ex. H at 2.) Thus, if the Court declines to grant the relief requested in this Petition, the ultimate
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`recipient ofthe above-referenced assets would nevertheless be identical. Accordingly, granting the relief
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`requested in this Petition will allow the court system and all interested parties to avoid the fees, expenses,
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`and delay of a formal probate in order to achieve an identical result.
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`IV. NOTICE AND CONSENT OF ALL INTERESTED PARTIES
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`22.
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`All parties known to Petitioner as having an interest in the Trust, as well as all parties
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`having an interest in the Trust that could be affected by the determination of ownership of these assets,
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`including the beneficiaries of the Trust, all of Decedent’s heirs-at—law, and each person, if any, who has
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`filed a request for special notice, will be given a copy ofthis Petition and notice of hearing on the Petition.
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`These persons and their last known addresses are listed on Exhibit K, attached hereto and incorporated
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`herein.
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`PETITION FOR ORDER CONFIRMING TRUST ASSETS
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`5
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`1 WHEREFORE, Petitioner prays fer an order frem the Court as follows:
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`2
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`I.
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`Deeedent intended t0 transfer all ef her real arid personal property assets; including the
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`3
`:Bank Acceunts, into the Trust;
`4 f
`2.
`The Bank Aeeomrts identified in Exhibit F incorporated hereili by reference2 and any
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`5
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`‘oflrer accounts held at said instimtiens nmier‘tlie Decedent’s manea are assets ofthe Trust, and legal and
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`6 equitable title to them shall be transferred :0 21ml subject t0 the control of Petitioner as Trustee of the
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`7 szSt) to be held, administered and distribured in. accordance with the terms of the Trust;
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`8
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`3.
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`The Note identifietl in Exhibit G incerporaieri herein by reference is an asset of the Trust
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`:and legal and legal and equitable title to it shall be transferred to and subject to the control of Petitioner
`10 as Tnietee efthe Twat, it) be held, administered and dietrilintetzl in accordance with the terms ofthe Trust;
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`4.
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`Petitioner, as Trustee of fire Trust, are authorized and instructed t0 prepare, execute: and
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`. ream-d any and all affidavits and other clocurnents necessary to transfer title for the Bank Accounts into
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`the Trust; and
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`5.
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`Such other and further orders as the Court (learns apprepriate.
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`J
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`JOHNSTON: KINNEY 8.: ZULAICA LLP
`
`
`
`
`
`if}E
`q :3
`By: VA
`Yuiiséfi1c
`dngfcrPetitioner,
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`Maria‘Ga era
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`autism
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`
`
`ll
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`15 ERespectfiJlly submitted,
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`18 Dated: September$12028
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`6
`;
`; PE’ITI‘ION FOR ORDER CDNFIWG TRUST ASSETS
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`

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`Maria Garei‘a B'autisfaf
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`

`

`EXHIBIT A
`
`Death Certificate
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`EXHIBIT A
`PETITION FOR ORDER CONFIRMING TRUST ASSETS
`
`

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`EXHIBIT B
`
`Gilda Dunn Revocable Trust
`
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`EXHIBIT B
`PETITION FOR ORDER CONFIRMING TRUST ASSETS
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`

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`TRUST AGREEMENT ESTABLISHING THE
`
`GILDA, DUNN REVOCABLE TRUST
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`GILDA DUNN, GRANTQR
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`TRUST AGREEMENT ESTABLISHING THE
`
`GILDA DUNN REVOCABLE TRUST
`
`GILDA DUNN, GRANTOR
`
`THIS AGREEMENT is made this fi'da’y of March, 2020, by Gilda Dunn, formerly
`known as Bertha Garcia Bautist‘a and also known as Gilda Jesep'hine Dunn, a residentof San
`Francisco, california,
`'as‘j Grantor (hereinafter referred to as the “Grantor”) and as Trustee
`(hereinafter referred toas the “Tru‘stee’fi,
`
`RECITALS:
`
`It is the intention of the Grantor here to create a trust for the primary benefit, of herselfand her
`loved ones, Which Trust shall be known as the. “Gilda Dunn Revocable Trust” (hereinafter
`sometimes referred to as the “Trust” or as the “Agreement”)_; and for that puipose, the Grantor
`makes a gift and settlement ofthe separate property of the Grantor described and listed in Schedule
`“A” attached hereto and. incorporated herein by this; reference-"and it"s proceeds.
`
`In Consideration of the premises, the Grantor does hereby affirm the creatiOn of the Gilda Dunn
`Revocable'Trust, to be held by the Trustee in trust for the purpose. and subjectto all of the terms,
`conditions and. provisions hereof; and the Trustee upon executing this Agreement agrees to hold
`and administer the trust estate of the Trust and shall dispose of the principal thereof and the, income
`therefrom. as set forthin this Agreement.
`
`ARTICLE I
`
`RIGHTS OF THE GRANTOR
`
`
`RIGHT To REVOKE .ALTER AND AMEND. During the lifetime of the Grantor, the Grantor
`1.1
`shall have the righ‘t, fiom time to time and at any time, by an instrument in writing delivered to the
`Trustee, to revoke this Agreement and terminate the trust, created pursuant to the previ'sions hereof,
`in..whole or in part; and immediately upon such I‘eVOcation and termination, the Trustee shall
`redeliver to the 'Grantor the entire trust estate or the portion thereof to which such revocation
`relates. Further, the Grantor shall have the right, by an instrument in writing signed by the Grantor
`and delivered to the Trustee, to:
`
`(a)
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`modify, alter and amend this Agreement;
`
`add property of. any natI‘Irei'to the trust estate of the Tmst, to be held, administered.
`(b)
`and distributed as a part thereof; and
`
`remove any Trustee or Co-Tmstee, appointing any person, persons, corporation 'or
`(0)
`combination. ofpersons anda corporation as successor Trustee or. Co—Trustee.
`
`RIGHT TO NET INCOME AND PRINCIPAL. During the lifetime of the Grantor, the Trustee is
`1.2
`hereby authorized to distribute to the Grantor all or as much of the net “income or principal or both
`of the Trust as the Trustee deems to be inflthe best interests of'the-Grant‘or; prOVided, however, that
`the Grantor shall have the right at any time and from time to time by an instrument. in writing
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`signed. by the Grantor and delivered to the Trustee, to. withdraw any portion or all of the Grantor’s
`interest in the net income. and principal of the Trust.
`
`RIGHTS PERSONAL TO THE GRANTOR. The rights of the Grantor to revoke, alter and amend
`1.3
`the Trust-are personal to the Grantor and shall not be exercisable on behalf of the Grantor by any
`guardian, conservator or other person, except that (i) revocation, alteration or' amendment may be
`authorized, after notice to the T1ustee by the court that appointed the guardian or conservator, and
`(ii) the Gr'a'ntol"3 power to 1evok‘e may be exe1c1sed by the holdet 'ot a durable power of attorney
`f01 the purpose of making gifts or taking other actions that are authorized by eXpre'ss provision of
`the durable power of attorney.
`
`GENERAL POWER O'F-APPOINTMENT. The Grantor shall have the right during the lifetime
`1.4
`of the Grantor at any time and from time to time, by" an instrument in writing signed by the Grantor
`and deliVered to the Trustee, to direct the Tiustee to distribute all or any pa1t of the net income or
`principal, or both, of the Trust to any one or mOre persons (including the Grantor and the Grantor’s
`estate) or charitable organizatidns, upon such terms, estates, conditions and trusts as the Grantor
`may set forth.
`
`RELEASE OF RIGHTS. Any or all of the rights and powers retained by‘the Grantor pursuant
`1.5
`to this Article may be completely and irrevocably released at any time and from time to time by
`the Grantor, by an instrument in writing signed by the Grantor, and delivered to the Trusteegafter
`the execution. of'sueh an instmment, the Trust shall be infe'vocab'le to the extent specified in the
`release, and neither the Grantor nor any other person shall, to the extent the release so provides,
`then have any right to alter, amend, modify or revoke the Tmst.
`
`ARTICLEII
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`SUCCESSVOR TRUSTEES
`
`TRUSTEE OF REVOCABLE TRUST. If the Grantor refuses or becomes incapable or unable to
`2.1
`serve as Trustee of the Trust during the Grantor’s lifetime, or upon the Grantor’s death, then the
`Grantor’s sister Maria Garcia Bautista (also known as Mariadel Refugio Garcia Bautista), shall
`serve as. successor TruStee of this Trust.
`
`If at any time there shall be no individual or corporate
`POSSIBLE CORPORATE TRUSTEE.
`22
`trustee named above or designated pursuant to the. power granted in the immediately following
`Section who shall be capable. of sewing and willing to 'serve as'Trustee or Co-Trustee of this Trust
`or any separate trust created hereunder; then acorpoir‘ate trustee may serve as sole Trustee.
`
`POWER TO DESIGNATE SUCCESSOR TRUSTEES. The non-corporate Trustee, or Co-Trustees
`2,3
`acting unanimously, of each separate and irrevocable trust created hereunder shall have the power
`to designate successor corporate or non—corporate Trustees or ‘Co-Trustees with respect to each
`such trust while serving as Trustee.
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`DISTRIBUTION OF TRUST ESTATE UPON DEATH or GRA-NTOR
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`ARTICLE III
`
`
`DEBTS EXPENSES AND TAXES. The TruStee shall to the extent that the assets of the
`3.1
`Grantor‘ s estate (other than tangible peisonal property, property 01' sums specifically bequeathed
`or devised, or p1operty which1n the sole judgment ofthe Trustee does not haVe a Ieadily realizable
`market value) shall be insufficient, pay:
`
`(a)
`
`(b)
`
`(0)
`
`(d)
`
`(e)
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`the Grantor’s funeral expenses,
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`legally enforceable claims against the Grantor or the Grantor’s estate,
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`reasonable expenses of administration of the. Grantor’s estate,
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`any allowance by court order for those, dependent upon the Grantor, and
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`all1nc_,orne estate, inheritance hamster and succession taxes, including any interest and
`”penalties thereon, which may be asseSsed by reason of the Grantor’ 5 death, without
`reimbursement from the Grantor’s Executor or Administrator, fiorn any beneficiary of
`insurance upon the Grantor’s life, or from any other person.
`
`The Trustee may make such payment directly or may pay over the amount thereof to the Executor
`or Administrator of the G1enter 5 estate. Written statements by the Executor or Administrator of
`the sums to be paid hereunder shall be sufficient evidence of then amount and propriety f01 the
`protection of the Trustee, and the Trustee shall be Undei no duty to see to the application ofsuch
`payments Without limiting the authority of the Trustee the Trustee shall not be quuired to make-
`payments of debts and expenses authorized herein unless a written claim is filed with the Trustee
`within the applicable statutory claims period;
`In no event Shall any asset not includable in the
`Grantor’s gross estate as finally determined for federal estate tax purposes be used for- the
`foregoing purposes; provided, however, that this; Sentence shall not.lirnit the pow/er of the Trustee
`to purchase assets from 01' to loan money to the Grantor’s estate.
`
`SPECIFIC DEVISE OF 897-899 ELIZABETH STREET/301 HOFFMAN AVENUE. Upon the death
`3.2
`of the Grantor, the Trustee shall distribute all of the Grantor’s (or this. Trust’s) right, title» and
`interest in that real property located at and commonly known as ‘897—899 Elizabeth Street, San
`Francisco, California, including 301 Hoffman Avenue (APN: Block 2829- Lot 015A)1n equal
`shares to my goddaughter Jenmtel Dayco and my g1andson” Nico Sue whoIs the grandson ofmy
`dear friend Esmarel’da Sue. In the eVent that Nico Sue shall not yet have reached the age oftwenty—
`five (25) at the time ofany distribution to him, the Trustee is directed to distribute his Share. of the
`Trust to a Unifonn Transfers to Minors Act (‘-‘UTMA”) account held for his benefit with his:.moth'er
`Jenny Sue. acting as custodian of such‘UTMA account until Nico Sue shall reach the age oftwenty-
`five (25). If Jenny Sue is unwilling 01' unable to serve as custodian of such UTMA account, then
`the Trustee may designate a custodian from among those eligible'and willing to Serve.
`
`DISTRIBUTION or REMAINDER OF TRUST ESTATE, Upon the death of the Grantor, the
`3.3..
`Trustee shall divide the then remaining trust estate of the Trust not otherwise disposed ofpursuant
`to SectiOns 3.1 and 3.2 above (the “Total Remaining Trust Estate”) in equal shares among the
`Grantor’s siblings, Maria Garcia Bautista, Jose Jaime Garcia Bautista, Pedro Armando Garcia
`Bautista, and Mario Garcia Bautista. If a sibling fails to survive the Grantor for sixty (60) days,
`then his or her share Shall pass per .st‘ilpes to his 01' her then living descendants.
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`ARTICLEIV
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`Tnusrsn’s POWERS, RIGHTS AND DUTIES,
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`4.1
`
`POWERS OF TRUSTEES. Except asothem'ise specifically provided herein, in additiOn to the
`powe1s new or hereafter conferred upon trustees by applicable law, includingthose conferred by
`any applicable independent or simplification of administration act, and not by way of limitation
`thereof, the Trustee of each separate trust is hereby authmized, at any time or from time to time,
`to exercise the following powers for the sole benefit of the beneficiary o1. beneficiaries of such
`trust or to refrain from exercising any of Such powers:
`
`to make any allocation, division or distribution of the trust estate in kind or partly
`(a)
`in kind and partly111 money, including, but not limited to by means of thepurchase of an
`annuity contract or other property for the benefit ofa benefiCiaiy to whom a distributionis
`to be made, andgto, detelm'me the value oi p10pe1ty so allocated, divided 01' distributed;
`
`to hold, manage, improve, repair and control allfp‘roperry, real or personal, at any
`(b)
`time forming a part of the trust estate; to continue to hold any 'or 'all prope1ty‘, real or
`personal, received by the Trustee as apart of'the trust estate or as an addition to the trust
`estate, even though the same. be of a character other than that prescribed by law for the
`investment oftrust funds 01" be of a larger proportion in one or more investments than the
`trust estate should, but fer this provision, hold,
`including residential property, and.
`irrespective of any risk, 'nonproductiveness or lack of diversification;
`
`to sell or to offer to sell for cash, credit 01' installments at public or private sale, to
`(c)-
`grant options to purchase, and to convey 01 exchange any and all of the p1Operty at any
`time forming a part of the mist estate or any lite estate, term of years, remainder or
`reversion therein for such price, inCludingUproperty of equivalent value (whether or not of
`like kind or Similar use, and including life estates, terms of years, remainders or reversions),
`and upon such terms as theTrustee shall determine;
`
`to lease or license the use of any tangible or intangible personal property at any
`(d)
`time forming a part of the t1ust estate upon such terms as the Trustee shall determine;
`
`to bon'ow money from any person including the Trustee; to extend or renew any
`(e)
`exiSting indebtedness, and to meitgage o1 pledge any property at any time forming a part
`of the trust estate; to gua1antee payment of any loan from a third person to a beneficiary or
`to a partnership of which a beneficiary or the trust is a, general or limited partner and to
`pledge or hypothecate all or any part of the trust estate as collateral for such guarantee;
`
`‘to settle, compromise, contest, agree to arbitrate and be bound thereby, extend the
`(1)
`time for payment or abandonclaims (including claims for taxes or penalties) or demands
`in favor of 0r against the trust estate or any part thereof; to reduce the interest rate upon
`any indebtedness to the trust when the Trustee shall deem such to be fOr the bestinterests
`of the trust; to consent to the "extension of the period of limitations on aesessment of any
`tax or penalty; to execute any contract, waiver, release, closing agreement, settlement or
`stipulation1n connection with. the above,
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`to sell, convey, release, mortgage, encumber, lease, partition, impr,ove manage,
`(g)
`insure against loss, protect and subdivide any real estate, interests therein or parts thereof;
`to dediCate for public Use, to vacate any subdivisions 01 parts thereof, to resubdivide, to
`contract to sell, to grant options to purchase, to sell 011. any terms, to convey, mortgage,
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`-5-
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`pledge or otherwise encumber said property, or any part thereof; to lease said property or
`any part thereof from time to. time, in possession or reversion, by leases to commence in
`p1.aese11ti 01 in futuro and upon any terms and for any period oftime, including aperiod
`eXtending beyond the term of the trust, and to renew or extend leases, to amend, change,
`or modify the terms and provisions ofany leases and to, grant optibns to lease and" options
`to renew leases and options to purchase the whole or any part of the reversions; to partition.
`or to exchange said real property or any part thereof for other real. or personal property; to
`grant easements or charges of any kind; to releaSe, convey or assign any right, title or
`interest in 01 about or. easement appurtenant to said property or any part thereof; to
`construct or reconstruct, remodel, alter, repair, add to or' take from buildings on said
`premises; to purchase or'hold real estate, improved or unimproved, or any reversion'in real
`estate subject to lease; to insure the. Trustee and any person having an interest in or
`reSponsibility for the care, management or repair of such property against such risks. as the
`Trustee deems advisable, and to charge the premiums therefor as an expense of the trust
`estate; to direct, or to authorize any other person to direct, the trustee of any land trust of
`which the trust is a beneficiary to mortgage, lease, convey or contract to convey the real
`estate. held. in such land trust or to execute and deliver deeds, mortgages, notes, and any
`and all documents pertaining to the property subject to such land trust or in any matter
`regarding such trust; to execute assignments ofall or any part of the beneficial interest in
`sr‘rch land trusts;
`
`to abandon any property, real or personal which the Trustee shall deem to be
`(h)
`worthless or not ofsufficient value to warrant keeping, protecting 01 maintaining; to abstain
`from the payment of installments due on purchase contracts or mortgages, taxes, water
`rents, assessments, repairs and maintenance with respect to any such property; to permit
`any such property to be lost by foreclosure, ta