HomeMy WebLinkAboutPZ - Certification of Trust Certification of Trust
We,David W.Turnbull and Kristin J.Turnbull,as trustees of The David&Kristin Turnbull
Family Trust(hereinafter"Trust")created under an agreement dated August 1,2006,as amended
and restated(the"Trust Agreement"),do hereby certify the following:
1. The Trust exists and was created on August 1, 2006, and is governed by the Trust
Agreement;
2. The Trust was created under the laws of the State of Idaho;
3. David W. Turnbull and Kristin J. Turnbull are the Settlors of the Trust;
4. David W. Turnbull and Kristin J. Turnbull are the only currently acting trustees of
the Trust;
5. Pursuant to the provisions of Section A of Article XXI of the Trust Agreement,the
provisions of which are attached hereto as Exhibit"A" (along with other true and correct copies
of excerpts from the Trust Agreement), the trustee's powers include (i) those authorized by the
Uniform Trustees' Powers Act,being Chapter 1 of Title 68, Idaho Code, (ii)those enumerated in
Section A of Article XXI of the Trust Agreement,and(iii)those powers now conferred or hereafter
conferred by applicable law;
6. During any time both of us have capacity and are qualified to make a decision as
trustee, both of us must act; however, Kristin J. Turnbull has delegated all signing authority to
David W. Turnbull, as provided in the "Delegation of Signing Authority" attached hereto as
Exhibit"B"
7. The Trust is revocable by the Settlors during their lives;
8. In accordance with Treasury Regulation Section 1.671-4(b)(2)(i)(A), the tax
identification number of the Trust is the social security number of either of us;
8. Any property transferred to the Trust should be titled as follows: David W.
Turnbull and Kristin J. Turnbull, or their successors, as trustees of The David& Kristin Turnbull
Family Trust; and
10. As of the date of this Certification of Trust, the Trust has not been revoked or
amended to make any representations contained in this Certification of Trust incorrect, and the
signatures below are those of the only currently acting trustees.
Certification of Trust Page 1
WITNESS WHEREOF,we,David W.Turnbull and Kristin J.Turnbull,on this
All-
dayof- Amwk 2018,hereby affirm that the foregoing statements are true,accurate
and c omplet to the best of our knowledge and belief.
A/
avid W. Tumbull, rustee
1 I�
stir J. Turn u ,Trustee
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of-�algppeared
2018, before me, the undersigned, a Notary
Public in and for said State,persond W.Turnbull and Kristin J.Turnbull,known
or identified to me to be the persons whose names are subscribed in the instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
JWM �1"
(SEAL) Notary ublic for Id p I I5� 2�2'�
Commission expires; T
!NOTARY
ANDA McCURRY
PUBLIC
TATE OF IDAHO
Certification of Trust Page 2
Exhibit"A"
Reformation and Restatement of
The David & Kristin Turnbull Family Trust Agreement
Under the terms of Paragraph I of Article VI of the agreement creating "'The David &
Kristin Turnbull Family Trust" (hereinafter sometimes referred to as the "Revocable Trust")
signed by us as Grantors and trustees and dated August 1,2006,as amended(the"Agreement'),
we,David W.Turnbull and Kristin J.Turnbull,reserved the power to amend any of the provisions
of the Agreement or revoke the Agreement at any time during our joint lives by an instrument
signed by us and delivered to the trustee. Accordingly,we,as Settlors hereunder,hereby amend
and restate the Agreement in its entirety as follows:
Reformation and Restatement of The Din d&Kristin Turnbull Fancily Trust A greement Page I
Certification of Trust—Exhibit "A" Page 3
ARTICLE XXI
POWERS,RIGHTS AND DUTIES OF TRUSTEES AND OTHER FIDUCIARIES
A. Genera! Trustee Powers. All trustee powers now or hereafter conferred in this
Agreement or by applicable law are exercisable by the trustee unless otherwise limited or restricted
herein. In addition to the powers now or hereafter conferred by applicable law,including but not
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page 36
Certification of Trust—Exhibit "A" Page 4
limited to those powers which are set forth in the Uniform Trustee's Powers Act,being Chapter 1
of Title 68,Idaho Code, as now in effect and as may hereafter be amended(such powers being
incorporated herein by this reference),the trustee of each trust hereunder may:
1. make payments or distributions(including the satisfaction of any pecuniary
legacy) of income or principal in kind or in money, or partly in each, in shares of differing
composition, without regard to the income tax basis of specific property allocated to any
beneficiary(including any trust);
2. hold,manage,insure,coinsure,reinsure,improve,repair,access and control
all trust property,real or personal,including digital assets;
3. sell for cash or credit, or on installments, at public or private sale, grant
options to purchase, and convey or exchange any and all of the trust property for such price,
including property of equivalent value(whether of like kind or similar use),and upon such terms,
as the trustee determines;
4. lease or license the use of any tangible or intangible personal property at
any time forming a part of the trust property upon such terms as the trustee determines;
5. borrow money from any source(including from such trustee or any other
fiduciary hereunder),extend or renew any existing indebtedness; mortgage or pledge all or any
part of the trust property; guarantee payment of any loan from any entity; and pledge or
hypothecate all or any part of the trust property as collateral for any loan, indebtedness or
guarantee;
6. release,assign,settle,compromise,contest,participate in mediation,agree
to arbitrate and be bound thereby,extend the time for payment of,or abandon,claims or demands
in favor of or against the trust property or any part thereof;
7. sell, convey, exchange, release, mortgage, encumber, lease, partition,
improve,manage,protect and subdivide any real estate interests or parts thereof,dedicate roads or
other portions of the property for public use,adjust boundary lines, vacate any subdivisions or
parts thereto,grant options to purchase;lease such property,or any part thereof from time to time
in possession or reversion,by leases to commence currently or in the future,and upon any terms
and for any period or periods of time including a period beyond the tens of the trust(including,if
permissible under applicable law,beyond the term of the rule against perpetuities);renew or extend
leases, amend, change or modify the terms and provisions of any lease, and consent to the
assignment of leases,contract to make leases and grant options to lease and options to renew leases
and options to purchase the whole or any part of any reversion;grant easements or charges of any
kind;release,convey or assign any right,title or interest in or about an easement appurtenant to
such property or any part thereof;construct and reconstruct,remodel,alter,repair,add to or take
from buildings on such premises;purchase or hold real estate, improved or unimproved,or any
Refattation and Restatement of the David&Kristin Turnbull Family That Agreement Page 37
Certification of Trust—Exhibit "A" Page 5
reversion in real estate subject to lease;direct the trustee of any land trust of which the trust is a
beneficiary to convey title to the real estate subject to such land trust,execute and deliver deeds,
mortgages,notes,and any and all documents pertaining to the property subject to such land trust
and in all matters regarding such trust and/or execute assignments of all or any part of the beneficial
interest in such land trust;
8. abandon any trust property that the trustee deems to be worthless or not of
sufficient value to warrant keeping or protecting;abstain from the payment of taxes,water,rents,
assessments,repairs,maintenance and upkeep of any such property;permit any such property to
be lost by tax sale or other proceedings, or convey any such property for nominal or no
consideration;permit the expiration of any renewal,sale,exchange or purchase option with respect
to any property or Iease thereof;
9. invest in,purchase,retain or sell any type ofproperty(regardless of whether
a security is listed on any stock exchange or other public market,registered with any securities
commissions or similar bodies or subject to contractual, legal or other restrictions, including
"investment letter" restrictions), including (without limitation) common stock, other stocks,
interests in any closely-held business, stock options or warrants, interests in limited liability
companies,interests in any type of partnership(including but not limited to general partnerships,
limited partnerships, limited liability partnerships, and limited liability limited partnerships),
bonds, notes, debentures, mortgages, preferred stocks, puts or calls, voting trust certificates,
options,derivative instruments,beneficial interests in land trusts,interests in common trust funds,
mutual funds(including mutual funds managed or advised by a fiduciary hereunder),`open-end"
or"closed-end"investment funds or trusts,hedge funds,private equity funds(of any type),real
estate investment trusts, savings and loan or building and loan associations, commodities,
commodity pools,commodity options,commodity partnerships,swaps,caps and collars and any
and all derivations thereof,managed futures,managed stock accounts,foreign exchange,or other
property or undivided interests in property, real or personal, foreign or domestic, tangible or
intangible;
10. purchase securities on margin and engage in short sales, sales against the
box and other investment strategies,whether covered or uncovered;
11. purchase or otherwise acquire,for cash,credit or installments,form,create,
organize,invest in,reinvest in,retain or continue for an indefinite term,any"Business Entity"(as
hereinafter defined) located within or without the United States, regardless of the form of
participation or ownership and even though it may be closely or privately held or may constitute
all or a large portion of the trust property of a trust;have and exercise all the powers necessary and
incidental to ownership in such Business Entity,including authorizing or voting to authorize the
making of charitable contributions by such Business Entity; participate in the conduct of such
Business Entity or rely upon others to do so,and take or delegate to others discretionary power to
take any action with respect to its management and affairs that a person could take as owner of
such Business Entity, including the voting of stock, and the determination of all questions of
Reformation and Restatement of The David&Kristin Turnbull Fancily Trust Agreement Page 38
Certification of Trust—Exhibit "A" Page 6
policy;take possession of the assets of such Business Entity and exercise complete control and
management of such Business Entity, and in connection therewith, enter into and perform
contracts,commitments,orders,and engagements;incur expenses and debts in connection with
the conduct and operation of such Business Entity,and pay and discharge such expenses and debts;
join in and execute operating agreements, partnership agreements and amendments thereto;
participate in any incorporation, reorganization, merger, consolidation, recapitalization,
liquidation or dissolution of such Business Entity or any change in its nature and retain and
continue such changed or successor Business Entity;invest additional capital in,subscribe to or
buy additional stock or securities of or make or guarantee new or increased secured,unsecured or
subordinated loans to any Business Entity with trust funds;rely upon the reports of certified public
accountants, appraisers, consultants and other professional advisors, without independent
investigation and without obligation to file any report with any court in any jurisdiction; elect,
employ and compensate directors,officers,employees or agents of any Business Entity,who may
include the trustee or a director, officer or agent of the trustee; show in summary form in the
trustee's accountings,if any,only the financial position of a Business Entity and not include in
detail all the business transactions; deal with and act for such Business Entity in any capacity,
including any banking or trust capacity and the loaning of money out of a trustee's own funds,and
be compensated therefor,sell,pledge or liquidate any interest in such Business Entity;provided,
however,that notwithstanding the provisions of this subsection,the trustee shall not purchase or
otherwise acquire, form, create, organize, invest or reinvest in any Business Entity that is not
publicly traded on an established securities exchange or an open-end regulated investment
company if the trustee is employed by such Business Entity or if the trustee(or the trustee's family)
directly or indirectly owns an interest in such Business Entity,unless(i)the trustee is a descendant
of any of our grandparents or a spouse of such a descendant;(ii)the beneficiary,a descendant of
the beneficiary's grandparents,a descendant of any of our grandparents or a spouse of any of such
persons is employed by or owns(directly or indirectly)an interest in such Business Entity;or(iii)
the beneficiary consents to such action in a duly acknowledged instrument filed with the trust
records;provided,further,that the trustee may continue to hold interests in any Business Entity
held by the trust at the time the trustee began serving as such;
12. invest and reinvest the trust property wholly or partially in any interests in
oil,gas or other mineral resources received from any source,such investments to be made either
directly or through entities intended to protect the trust property;retain any interests in oil,gas or
other mineral resources; execute as to those interests any agreements, assignments, contracts,
deeds,grants,leases for any term(even though the term may extend beyond the termination of
such trust) and any other instruments or documents; manage, control, operate, explore, mine,
develop or take any action for the production,recovery,sale,treatment,storage or transportation
of any interest in oil,gas or other mineral resources;drill,rework or recomplete wells of any type;
conduct or participate in secondary recovery operations; enter into agreements for pooling or
unitization;install,operate or participate in the operation of any plant,mine or other facilities;and
interests in oil,gas and other mineral resources may be retained and acquired without liability for
any loss and without application to any court;
Reformation and Restatement of 77te David do Kristin Turnbull Family Trust Agreement Page 39
Certification of Trust—Exhibit "A" Page 7
13. acquire or retain any farm,ranch or forest property;engage in farm,ranch
and forestry operations and the production,harvesting and marketing of faun,ranch and forest
products, including livestock breeding and feeding and poultry and dairy farming, either by
operating directly with hired labor, by retaining farm managers or management agencies, by
renting on shares or for cash,by entering into logging contracts or selling standing timber,or in
any other manner;enter into farm programs;purchase or rent farm,ranch and forest machinery
and equipment,livestock or other animals,poultry,seed and feed;improve farm,ranch and forest
property and repair,improve and construct farm buildings,fences and drainage facilities;and in
general to do all things customary or desirable in farm,ranch and forest operations;
14. determine whether and to what extent receipts and expenditures should be
allocated to or charged against income or principal,and,in so doing,the trustee may allocate our
estate administration expenses disproportionately among the trusts hereunder,and except as may
be otherwise provided herein, the trustee is not required to adhere to the provisions of the
applicable Principal and Income Act(but in no event shall any such allocation fundamentally
depart from state law);provided,however,that these powers may not be exercised in a manner
that would deprive the Surviving Spouse,as the beneficiary of the Marital Trust,of the same degree
of beneficial enjoyment to which a life beneficiary would be entitled under applicable principles
of trust law(but this proviso shall not be construed to limit the trustee's power to allocate the
Deceased Spouse's estate administration expenses disproportionately to the income of the Marital
Trust);provided further,that any proceeds received by the trustee from any Qualified Retirement
Plan shall constitute principal,except to the extent of income earned on such proceeds after the
plan participant's death which shall constitute income; establish out of income and credit to
principal reasonable reserves for the depreciation or depletion of tangible personal properties;
amortize premiums paid on the purchase of securities or other property;provided,however,that
any capital gain dividends from investments in mutual funds,common trust funds or real estate
investment trusts shall be deemed to constitute principal;
15. employ and pay reasonable compensation to such agents,brokers,advisors,
trustees, custodians, depositaries, title holders, escrowees, accountants, attorneys, investment
counsel,appraisers,insurers,administrative assistants and others(who may be the trustee in such
other capacity or any firm or corporation with which the trustee is associated),and execute any
general or limited direction or power of attorney for any such employment or agency relationship;
and such expenses shall not be charged against the compensation of the trustee;
16. vote, or refrain from voting, any corporate stock, equity or any other
ownership interest in any corporation or other entity, either in person or by general or limited
proxy,for any purpose,including(without limitation),the election of any trustee or beneficiary as
a director of any such entity; exercise or sell any conversion privilege, warrant, option or
subscription right with respect to any security;consent to take any action in connection with,and
receive and retain any securities resulting from, any reorganization, consolidation, merger,
readjustment of the financial structure, sale, lease or other disposition of the assets of any
corporation or other entity,the securities of which may at any time form a part of the trust property;
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page 40
Certification of Trust—Exhibit "A" Page 8
deposit any securities with or under the direction of a committee formed to protect such securities
and consent to or participate in any action taken or recommended by such committee;pay all
assessments,subscriptions and other sums of money that may seem expedient for the protection
of the interest of the trust as the holder of such stocks,bonds or other securities;enter into an
agreement making the trust liable for a pro rata share of the liabilities of any corporation or other
entity that is being dissolved and in which stock or other ownership interest is held,when,in the
opinion of the trustee,such action is necessary or otherwise advisable to the plan of liquidation
and dissolution of any such corporation or other entity;join in and vote for participation in or
modification or cancellation of any restrictive purchase or retirement agreement relating to any
partnership interest,corporate stock or any other interest in any type of entity held as a part of the
trust property;join in the formation, amendment, extension or cancellation of any voting trust,
voting agreement or any type of shareholder agreement;
17. cause any securities or other trust property to be issued,held or registered
in any trustee's individual name,or in the name of a nominee,with or without disclosure of any
fiduciary capacity,or in a form such that title will pass by delivery;
18. deal in every way and without limitation or restriction with the personal
representative,trustee,or other representatives of any trust or estate in which the beneficiary has
any existing or future interest(even though the trustee may be acting in such other capacity),and
such transactions may include,without limitation,the purchase or sale at fair market value,or the
loan(for any period,but only upon adequate security and interest)of any part of the trust property
from or to such other estate or trust;
19. open margin accounts,discretionary accounts or any other type of account
with brokerage firms,banks or others,and invest the trust property in,and conduct,maintain and
operate,these accounts for the purchase,sale and exchange of stocks,bonds and other securities,
and in connection therewith,borrow money,obtain guarantees,and engage in all other activities
necessary or incidental to conducting,maintaining and operating these accounts;
20. transfer the situs of the administration of any trust hereunder and/or the
location of any trust property to another jurisdiction within or without the United States as often
as the trustee deems it advantageous; and the trustee may take whatever action is necessary or
desirable(including,without limitation,the commencement of an appropriate judicial proceeding)
in order to effectuate such a transfer of trust situs administration or of the location of trust property;
and if necessary for the transfer of the situs of the administration of a trust,the persons on the
Hierarchy List set forth in the Article titled"Successor and Additional Trustees"empowered to
establish a plan of trustees of the trust,or if none,the trustee may designate a person or corporate
trustee to assume office as a co-trustee of that trust, and thereafter may act as adviser to such
substitute trustee and may receive reasonable compensation for so acting;
21. open and maintain one or more savings accounts or checking accounts and
rent safe-deposit boxes or vaults,wherever located,-within or without the United States,even if
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page 41
Certification of Trust—Exhibit "A" Page 9
the bank or trust company at which the safe-deposit box or vault is located is acting as trustee of
such trust;deposit to the credit of such account or accounts all or any part of the trust property,
irrespective of whether such property may earn interest;add to or remove some or all of the items
placed in any safe-deposit box or vault;withdraw a portion or all of such funds so deposited by
check or other instrument signed by the trustee,or by such other person or persons as the trustee
may authorize, and any such bank, company or association may allow such person or persons
access to such safe-deposit box or vault and to pay such check or other instrument and also to
receive the same for deposit to the credit of any holder thereof when so signed and properly
endorsed,without inquiry of any kind;and access when so allowed,and payments when so made
by such bank,company or association,shall not be subject to objection by any person concerned
or interested in any way in the trust;
22. register or qualify any securities under the Securities Act of 1933, as
amended,or any similar or applicable federal law,and register or qualify any such securities under
any state securities law; enter into such agreements with underwriters and the corporation that
issued any such securities as the trustee deems proper,make such representations and warranties,
assume such obligations, and engage in such undertakings of indemnity and make such other
arrangements concerning undertakings of indemnity, including the purchase of any insurance
policies,as the trustee deems proper;create escrows,enter into custody agreements,and execute
powers of attorney and any other instruments delegating authority and discretion to others;and do
any and all other acts and things that the trustee deems necessary or advisable for the purpose of
the sale,exchange,transfer,or other disposition of any securities;
23. retain,sell(in a public or private sale),hypothecate or otherwise dispose of
any paintings,drawings,prints,pictures,photographs,statues,porcelain,silver,books,furniture
and furnishings,and other art objects, antiques or collectibles received by the trustee;pay any
storage charges, insurance premiums and costs of maintenance and preservation in connection
therewith; and lend any such art objects, antiques or collectibles to any beneficiary or any
organization,or exhibit them for or without rent or other consideration,on such terms as the trustee
deems advisable;
24. lend the principal or income of the trust property to the beneficiary thereof,
with or without interest or security;and make loans to such other persons,Business Entities,trusts
or estates,upon such terms,with such rates of interest and with such security as the trustee deems
adequate to protect the trust;
25. allocate different kinds or disproportionate shares of trust property or
undivided interests in trust property among beneficiaries of separate trusts and determine the value
thereof,except as otherwise provided herein,make joint investments with other trusts and hold
such joint investments as a common fund for purposes of administration,dividing the net income
therefrom in the same proportions as the respective interests of such trusts;
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page 42
Certification of Trust—Exhibit "A" Page 10
26. to the extent permitted by and subject to the conditions of applicable law,at
any time and from time to time,and subject to revocation at any time,delegate any of the trustee's
authorities, discretions and powers to any persons and/or entities, such delegation and all
revocations thereof to be evidenced by a duly acknowledged instrument delivered to the persons
or entities to whom the delegation is made and filed with the trust records;
27. purchase,maintain and sell insurance or endowment policies,annuities or
variable annuities of any kind on the life of any person and exercise all the rights,options,benefits
and other incidents of ownership with respect to such policies and annuities,and pay premiums
for the purchase or maintenance of any such policy or annuity out of trust property;take such
action,including the commencement of legal proceedings,to collect those proceeds of any such
policy or annuity;provided,however,that no issuer of such a policy or annuity shall have any
obligation to inquire into the terms of this Agreement or to see to the application of the proceeds
and the benefits of such a policy or annuity;and,provided,further,that a receipt duly executed by
the trustee and delivered to any such issuer shall be effective to release the issuer from any liability
in connection with such policy or annuity;provided,further,that the trustee shall have no duty to
maximize the earnings of the trust property by borrowing the cash value of any life insurance
policy;
28. amend this Agreement to eliminate in whole or in part a current or future
beneficiary's power to appoint property of a trust(other than a Marital Trust)to himself or herself,
his or her creditors,his or her estate,or his or her estate's creditors,or to impose such terms and
conditions on the exercise of such power as the trustee determines in the trustee's discretion,by
means of an instrument duly acknowledged by the trustee and delivered to the beneficiary of such
trust;provided,however,that the trustee shall have no duty to determine whether to exercise this
power unless the beneficiary,by a duly acknowledged instrument delivered to the trustee,requests
that the trustee do so;and provided further,that no beneficiary-trustee of a trust shall have any
vote or otherwise participate in any decision to exercise the powers granted hereunder with respect
to such trust;
29. divide the trust property equally or unequally into two or more separate
shares or trusts for any purpose,each of which shall be administered and disposed of as a separate
trust having terms identical to those of the trust from which it is created, and allocate different
kinds or proportionate or disproportionate shares of property or undivided interests in property
between the shares or trusts;
30. invest in,purchase,retain,lease(or guaranty payment of a lease for)one or
more residences (and related furniture, furnishings and other articles of household use and
ornament) and permit any person having any interest in such trust, and the guardian or the
conservator of the person of such beneficiary or any adult designated by such guardian or
conservator, and the family of such beneficiary, guardian, conservator or adult, to use such
residences and furnishings forming part of such trust, upon such terms as the trustee deems
advisable,with or without rent or in consideration of the payment of taxes,insurance,maintenance
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page 43
Certification of Trust—Exhibit "A" Page 11
and ordinary repairs,or otherwise;provided,however,that with respect to any trust that qualifies
or is elected to qualify for the marital deduction,the trustee maypermit only the current beneficiary
of such trust to use such residence for less than fair market value; provided, further, that
notwithstanding the provisions of this subsection,the trustee,in the trustee's discretion,may sell
or otherwise dispose of any such residence and furnishings, and reinvest all or any part of the
proceeds in other residences and furnishings;
31. invest trust property in,and sell or otherwise dispose of,remainder interests,
income interests, life estates, annuity interests and other terminable, term or future interests or
similar types of limited interests in property;and make joint purchases and sales of any property
or interests therein with any entity or person. In connection with transactions described in this
subsection,the trustee may,but need not,rely upon appraisals or representations of value as the
trustee in the trustee's discretion may deem appropriate,including,without limitation,appraisals
rendered by professional appraisers,actuaries,accountants or opinions of counsel;
32. acquire or lease assets for the benefit of or use by a beneficiary irrespective
of any risk,nonproductiveness,or lack of diversification;
33. make or refrain from making any tax election;
34. add to or otherwise change the name of any trust for purposes of
identification;
35. prior to or simultaneously with the completion of the funding of a trust(a
'New Trust')to be created upon the termination of another trust hereunder,make distributions of
income or principal from the terminating trust directly to or for the benefit of any beneficiary of
the New Trust,as if the trustee were the trustee of such New Trust;and
36. make any payment,receive any money,take any action and make,execute,
deliver and receive any contract, deed, instrument or document, that the trustee may deem
necessary or advisable to exercise any of the trustee's powers or to cant' out any provisions
contained herein;and in addition to the powers enumerated hereinabove,do all other acts that in
the judgment of the trustee are necessary or desirable for the proper administration of the trust.
Reforniation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page 44
Certification of Trust—Exhibit "A" Page 12
U. Mithiple Fiduciaries. If more than one person or entity is acting in the same
fiduciary capacity with respect to a trust:
1. Majority Vote to Govern. A decision made by a majority of the co-
fiduciaries who are qualified to vote on such decision shall control,without liability to any co-
fiduciary who dissents in writing. For purposes of this paragraph,if only two(2)co-fiduciaries
are qualified to vote on a decision,such decision shall control only if both fiduciaries vote in favor
of the decision.
2. Single Signatory. Unless a co-fiduciary elects otherwise in writing,any one
co-fiduciary may sign any checks,agreements or other documents on behalf of the trust and such
signature shall bind the trust in the same manner as though said check, agreement or other
document had been signed by all of the co-fiduciaries acting in the same capacity,and no person
or entity dealing with the signing fiduciary shall be obliged to inquire as to the other co-fiduciary's
acquiescence to such action.
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement Page Sl
Certification of Trust—Exhibit "A" Page 13
IN WITNESS WHEREOF, we have hereunto set our hands as of the 18'day of July,
2016.
David W.Turnbull,Settlor
JL50LF - t UL&A
s in J.Tumbullk3ettlor
The undersigned hereby acknowledge receipt of and accept the foregoing reformation and
restatement as of the day and year last set forth above.
David W.Turnbull,Trustee
EnJ.Turnbul Trustee
Reformation and Restatement of The Dmwid&Kristin Turnbull Family Trust Agreement Page 74
Certification of Trust—Exhibit "A" Page 14
Notary Acknowledgment
STATE OF IDAHO )
: SS.
COUNTY OF ADA )
On this 181h day of July,2016,before me,the undersigned,a Notary Public in and for said
State,personally appeared David W.Turnbull,known or identified to me to be the person whose
name is subscribed in the instrument,and acknowledged to me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year in this cate first above written.
v o1AR r
(SEAL) +&"&* Notary Public for aho Z�
pUa%,%` a Commission expires:
O .
STATE OF 1DAHO }
SS.
COUNTY OF ADA )
On this 181 day of July,2016,before me,the undersigned,a Notary Public in and for said
State,personally appeared Kristin J.Turnbull,known or identified to me to be the person whose
name is subscribed in the instrument,and acknowledged to me that she executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
WHI
(SEAL) -v '01 AR V :� Notary Public for Iddho VCommission expires: 2��2Z
G
., .4 PE
'000.01 ......
Reformation and Restatement of The David&Kristin Turnbull Family Trust Agreement—Notary Page 75
Certification of Trust—Exhibit "A" Page 15
Exhibit"B"
Delegation of Signing Authority
Pursuant to subsection U.2.of Article XXI of The David&Kristin Turnbull Family Trust
("Trust"),U/f/A dated August 1,2006,as reformed and restated,I,Kristin J.Turnbull,as a trustee
of the Trust,have delegated to David W.Tumbull,as a trustee of the Trust,all authority to sign
any checks,agreements or other documents on behalf of the Trust in the same manner as though
said check,agreement or other document had been signed by both me and David W.Tumbull,as
trustees of the Trust.
DATED as of the 15."�day of August,2016.
n tin J.Turt b 11,1 rustcc
Acknowledged b
a td 0-rumbull.Trdstee
Delegation ofSigniW Authority
Certification ofTrugt—Exhibit B" Pagc 16