Trust Agreement (“Agreement” or “Trust Agreement”)

TRUST AGREEMENT

This Trust Agreement (“Agreement” or “Trust Agreement”) is made by and between
[INSERT TRUSTEE’S NAME HERE] as “Trustee” and the “Beneficiary(ies)” herein, dated
[DATE]. The real property (the “trust estate”) about to be transferred to the Land Trust and listed
in the Schedule of Trust Property attached here to and made part hereof shall be held in trust and
administered and/or distributed as provided in this instrument. The name of the trust created by this
instrument shall be the [PUT YOUR TRUST NAME/NUMBER HERE] Trust. This Agreement
shall be effective immediately on execution by all the parties.
ARTICLE ONE
CREATION OF TRUST

1.1 Purpose of Trust. This trust shall be [REVOCABLE] [IRREVOCABLE]. [NOTE: If
you want to create an Irrevocable Trust include this paragraph (otherwise leave the following
paragraph out):
The Grantor shall have no right or power, whether alone or in conjunction with others, in
whatever capacity, to alter, amend, revoke or terminate this trust or any of the terms of this
Agreement, in whole or in part, or to designate the persons who shall possess or enjoy the trust
property, or the income therefrom. By this Agreement, the Grantor intends to and does hereby
relinquish absolutely and forever every interest of any nature, present or future, in the trust property,
as well as all possession and enjoyment of, or right to the income from, the trust property, whether
directly, indirectly or constructively.
The Trustee shall hold title to real property and protect, conserve, administer, and distribute
the real property described in the Schedule of Trust Property (which is attached hereto and made a
part of this trust instrument), and any other real property that may be hereafter subject to this trust,
and the income and proceeds attributable to all such property, in accordance with the provisions of
this instrument.
1.2 Additions. The Trustee, in its discretion, may accept additions of real property to this
trust from any source by confirming such addition in writing to the Beneficiaries. Additions, if any,
shall become part of the trust and held in accordance with the terms of this trust.
1.3 Deeds to Trustee. The titling of any deed to real property in the name of the Trustee, as
Trustee of this trust, or any successor Trustee of this trust, shall be deemed to be a transfer to this
trust. The Trustee and the Beneficiaries agree that when the Trustee has taken title to the property
transferred to it and accepted by it, that the Trustee will hold the property subject to the trust
purposes and conditions and the purposes and conditions contained in the instrument conveying the
property.
1.4 Type of Trust. Neither this Trust Agreement nor any actions of the Trustee or
Beneficiaries shall be deemed to be, or to create, or be evidence of the existence of a corporation, de
facto or de jure, or a Massachusetts Trust, or any other type of business trust, association, general or
limited partnership, limited liability company or joint venture between or among the creator or
holder of the beneficial shares hereunder or between the Trustee and said Beneficiary or between or
among Beneficiaries of this Trust. This Trust is intended to be a title holding or land trust.

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