NC Trustee Certification

TRUSTEE CERTIFICATION
(36C-10-1013)

THIS CERTIFICATION (the "Certificate") made this _____ day of ______________________, 20____, by ______________________________________________, Trustee(s) of the _________________________ ______________________________________________ Trust (Trust), to _____________________________ , (Purchasers), _______________________(Law Firm), any lender financing this transaction and any Title Insurer (Insurer) insuring title to the property situated in the State of North Carolina and described in Schedule A (Land), their successors and/or assigns, all of whom are relying on the veracity of this certification, witnesseth:

WHEREAS, said Insurer has issued a commitment of title insurance insuring the title to the Land; and

WHEREAS, said Insurer will be requested to issue its policy or policies of title insurance insuring the title to the Land; and

WHEREAS, the Land is owned or to be owned by the Trust; and

WHEREAS, said Insurer will not issue its policy without being provided an acceptable certificate concerning the authority of the Trustee(s) to enter in to the contemplated transaction pursuant to the North Carolina Uniform Trust Code, and

WHEREAS, said Insurer will not issue its policy without exception to matters concerning ownership of the Land by the Trust, unless assured to certain facts as herein set out;

NOW THEREFORE, Trustee(s) certify as follows:

1. The Trust has been lawfully executed, was validly created, is still in existence, and has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect;

2. The Settlor(s) of the Trust, if revocable, issued no instructions that would limit or restrict the Trustees' authority to enter into or consummate this transaction in accord with this certificate;

3. The identity and address of the currently acting Trustee(s) identified above is:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________;

4. The Trustee has been granted due authority to enter into and consummate the transaction contemplated by the Insurer's title insurance commitment, the Trust grants all the necessary powers to the Trustee(s) and contains no limitations or restrictions on said authority that would prohibit or limit the trustees authority to enter into and consummate the proposed transaction.

5. The Trust does not limit a Trustee's authority to sign necessary documents, execute this certificate or otherwise authenticate the Trust and all co-trustees required to exercise the powers contained in the Trust have executed this certificate;

6. The Trust's taxpayer identification number is ______________________________; and

7. The Trust Agreement specifies that the Trust is to take title to any property in the following manner:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________;

FURTHER, Trustee(s) does/do hereby acknowledge that this Certification may be recorded in the Register of Deeds Office and agrees that this Certification is being executed in duplicate counterparts each of which shall be deemed an original (the counterpart to be recorded may have the taxpayer identification number redacted if it is the social security number of a settlor).

[THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]

IN WITNESS WHEREOF, the Trustee(s) hereto have duly signed and sealed this instrument in duplicate.

_________________________________ (SEAL) _________________________________ (SEAL)

STATE OF _______________COUNTY OF _______________

I, _________________________________, a Notary Public for the County of and State of North Carolina, do hereby certify that , Trustee, either being personally known to me or proven by satisfactory evidence (said evidence being ), personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by he/she/them for the purposes stated therein.

WITNESS my hand and notarial seal, this day of , 20__.

___________________________________
Notary Public

___________________________________
(Type or Print Name)

(Official Seal)

My Commission Expires: _____________________

STATE OF ________________________

COUNTY OF ______________________

I, _________________________________, a Notary Public of the County of _____________________and State of North Carolina, certify that ____________________________, either being personally known to me or proven by satisfactory evidence (said evidence being ____________________), personally appeared before me this day and acknowledged that (s)he is _________________of ___________, a North Carolina corporation, which is Trustee of the Trust, and that (s)he, as _____________, being authorized to do so, voluntarily executed the foregoing on behalf of the corporation as the Trustee of the Trust for the purposes stated therein.

WITNESS my hand and official stamp or seal, this _____ day of _______,

___________________________________
Notary Public

___________________________________
(Type or Print Name)

(Official Seal)

My Commission Expires: _____________________

For issuing guidelines on this form, see Guidelines