RESTATEMENT OF THE BARTOSH B & C TRUST
RESTATEMENT OF THE BARTOSH B & C TRUST
RESTATEMENT OF THE BARTOSH B & C TRUST
This is a Restated Declaration of Trust by the Bartosh B & C Trust (the "Trust"). It is
made on this day, the 16th of January, 2024 by the persons currently serving as Trustees of the
Trust, who are Blake W Bartosh and Carollynn W Bartosh (the "Trustees").
PURPOSE:
The purpose of this Agreement is to establish a Trust to receive and manage assets for the
benefit of the Grantor during the Grantor’s lifetime, and to further manage and distribute the
assets of the Trust upon the death of the Grantor.
The Trustees hereby declare that they will hold all property of every type and description,
which they now hold as Trustees or may hereafter acquire as such, together with proceeds
thereof, in trust, to manage, use and dispose of the same for the benefit of holder from time to
time.
FUNDING OF TRUST
This Trust shall be funded with assets transferred to this Trust by the Grantor at the time of
creating this Trust, or at any later time. Any community property transferred into or out of this
Trust shall remain community property until the death of the Grantor and such property,
including undistributed income that it generates, shall not be commingled. This Trust may also
receive property from any person or entity who is acting under the authority granted to that
person or entity by the Grantor. It is also expected that this Trust may receive assets pursuant to
the terms of the Grantor’s Last Will and Testament.
ARTICLE I
(b) Business
The business of the Trust shall be conducted, so far as feasible, under that name.
The name shall refer to the Trustees as Trustees and not personally. Under such
name, the Trustees may conduct all the business of the Trust, sue and be sued.
1.3 The legal descriptions of all interests in real property owned by or conveyed to the
Trust:
1.4 Nature
The Trust shall be of the type known as a Revocable Living Trust.
The Trustees shall manage and distribute the trust assets for the benefit of the
Grantor and his successor(s) in interest in accordance with the terms of this Agreement.
ARTICLE II
The Trustees
2.1 The name of the Trustees empowered to act under the Trust Instrument at the time
of execution of this restatement:
The Trustees, in addition to other powers and authority granted by law or necessary or
appropriate for proper administration of the Trust, shall have the following rights, powers, and
authority without order of court and without notice to anyone:
3.1 The Trustees may retain any property originally constituting the Trust or
subsequently added to it, although not of a type, quality, or diversification considered proper for
trust investments.
3.2 To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust
assets, exercising the judgment and care, under the circumstances then prevailing, that persons of
prudence, discretion and intelligence exercise in the management of their own affairs, not in
regard to speculation but in regard to the permanent disposition of their funds, considering the
probable income as well as the probable safety of their capital. Within the limitations of that
standard, the Trustees are authorized to acquire and retain every kind of property, real, personal
or mixed, and every kind of investment, specifically including, but not by way of limitation,
bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons
of prudence, discretion, and intelligence acquire or retain for their own account, even though not
otherwise a legal investment for trust funds under the laws and statutes of the United States or
the state under which this instrument is administered.
3.3. The Trustees are authorized to establish out of income and credit to principal
reasonable reserves for depreciation, obsolescence and depletion.
3.4 The legal title of all property belonging to the Trust shall rest in the Trustees and
they shall have absolute and exclusive control, management and disposition thereof, and shall
have absolute control and management of the business and affairs of the Trust.
3.5 The Trustees shall have all power necessary or convenient for transaction of the
business of the Trust.
3.6 The Trustees may buy or sell property or any interest therein from and to any firm,
individual or corporation.
3.7 To receive, hold, maintain, administer, collect, invest and reinvest the trust
assets, and collect and apply the income, profits, and principal of the Trust in accordance with
the terms of this instrument.
3.8 To retain any asset, including uninvested cash or original investments, regardless
of whether it is of the kind authorized by this instrument for investment and whether it leaves a
disproportionately large part of the estate or trust invested in one type of property, for as long as
the Trustee deems advisable.
3.9 To sell, option, mortgage, pledge, lease, or convey real or personal property,
publicly or privately, upon such terms and conditions as may appear to be proper, and to execute
all instruments necessary to effect such authority.
3.9.2 To manage real estate and personal property, borrow money, exercise options,
buy insurance, and register securities as may appear to be proper.
3.9.3 To make allocations of charges and credits as between principal and income
as in the sole discretion of the Trustee may appear to be proper.
3.9.6 To continue to exercise the powers provided in this Agreement after the
termination of the Trust until all the assets of the Trust have been distributed.
3.9.7 To hold the assets of the Trust, shares, or portions of the Trust created by this
instrument as a single fund for joint investment and management, without the need for physical
segregation, dividing the income proportionately among them. Segregation of the various trust
shares need only be made on the books of the Trustee for accounting purposes.
ARTICLE IV
4.1 If at any time the Grantor or either of them shall be acting as Trustee, such Grantor(s)/
Trustee may appoint a successor trustee, to become effective immediately or upon any stated
contingency, by making such designation in writing. Such designee shall become the successor
Trustee upon acceptance of the terms and conditions of this Agreement.
4.2. If at any time either Co-Trustee cannot serve because of disability (as previously defined),
death, or other reason, the remaining Co-Trustee, if any, shall serve alone; otherwise Marisa K
Rhode of 12861 Travilah Rd, Potomac, MD 20854.
4.3. At any time that the Trust has investments, and provided that a Grantor does not have a
"disability", such Grantor may direct any Trustee to purchase, sell, or retain any trust investment.
ARTICLE V
Miscellaneous
5.1 Duration
The Trust shall have perpetual existence unless terminated sooner as herein
provided.
This Declaration of Trust is created, issued and controlled and shall be construed
under and by the laws of the State of California.
5.4 If any portion of this Agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
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BLAKE W. BARTOSH
I CERTIFY THAT ON January 16th, 2024, BLAKE W. BARTOSH personally came before me
and acknowledged under oath, to my satisfaction, that this person:
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BLAKE W. BARTOSH
PREPARED BY:
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BRUCE N. MACDONALD, Esq.
STATE OF ________________
COUNTY OF _________________
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Notary Public
COUNTY OF _________________
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Notary Public
COUNTY OF _________________
____________________________________
Notary Public
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