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“Calling All You Angels…”
Tuesday, May 25, 2004
LIVING TRUST AGREEMENT
This Living Trust Agreement (this “Agreement”) is made this Easter Sunday, April 4, 1999 between Michael Wallace Connett (the “Grantor or Beneficiary”) of Covington/”Wallace Woods”, Kentucky and Kevin J. O’Toole (the “Trustee”) of St. Louis, Missouri. In consideration of the mutual covenants and promises set forth in this Agreement, the Grantor and the Trustee agree as follows:
I. 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.
II. FUNDING OF THE 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. 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.
III. MANAGEMENT OF TRUST ASSETS: The Trustee shall manage and distribute the trust assets for the benefit of the Beneficiary in accordance with the terms of this agreement.
IV. DISTRIBUTIONS DURING THE GRANTOR’S LIFE: During the Grantor’s life, the Trustee shall distribute all of the net income of this Trust to or for the benefit of the Grantor, or as the Grantor may designate. Such distributions shall be made at least semi-annually. The Grantor may change the amount of distribution at any time by providing notice to the Trustee. Any excess income shall be added to principal at the discretion of the Trustee.
A. Payments During a “Disability” of the Grantor: During any period that the Grantor has a “disability”, the Trustee may pay to or for the benefit of the Grantor such amounts of income and principal as the Trustee believes in the Trustee’s sole discretion to be required for (I) the Grantor’s support, comfort and welfare, (ii) the Grantor’s accustomed manner of Living, or (iii) any purpose that the Trustee believes to be in the best interest of the Grantor.
B. Disability Defined: For the purposes of this Trust, “disability” shall mean a legal disability or the inability to provide prompt and intelligent consideration to financial matters by reason of illness or mental or physical disability. The determination of whether the Grantor has a disability shall be made by the Grantor’s most recent attending physician. The Trustee shall be entitled to rely on written notice of that determination.
V. DEATH OF THE GRANTOR: Upon the death of the Grantor, and after the payment of the Grantor’s just debts, funeral expenses and expenses of last illness, the following distributions shall be made.
A. SPECIFIC DISTRIBUTIONS/
B. TANGIBLE PERSONAL PROPERTY: Subject to the preceding provisions of this Trust; all jewelry, clothing, personal items, furniture, household furnishings, automobile, and other items of tangible personal property shall be distributed according to the directives of the Grantor’s Last Will & Testament.
The share of any such beneficiary who does not survive the Grantor shall be added to the residuary assets of this Trust.
C. RESIDUARY ASSETS: The residuary assets of This Trust shall be (distributed to or) retained by:
 South Bank HIVe
A CommUNITY-Based HIV/AIDS Social Services Organization
“He who conceals his disease cannot expect to be cured”
Distributed to:
HIV/AIDS CARE MANAGEMENT SERVICES, PROGRAMS and AGENCIES SERVING PRIMARILY THE P.W.AIDS/HIV RESIDING in NORTHERN KENTUCKY on The South Bank. Priority in the distribution will be accorded to those programs directly benefiting the clients needs which were originally recognized, addressed and endowed by the Grantor:
1. THE ESTABLISHMENT AND MAINTENANCE OF A: “SouthBank” - “CARACOLE” TYPE HOUSE. Collectively known as “The SoBank HIVe”
2. P.A.W.S.(Pets Are Wonderful Support!) Program for No. Ky. Clients.
3. “The Angel Fund” For AIDS Children and their Families in Northern Kentucky, especially at Christmas time. This well established fund administered by AVNK seems to have Christmas well in hand! So how about establishing & endowing a Summer Fun(d) to support things like group outings and scholarships to Camp...???
4. NAMES Project Chapter focusing on the Ohio-Kentucky-Indiana Region located on The SouthBank of Greater Cincinnati, Ohio. The reasearch on this is done, I have the manuals and paperwork required in hand. We need a 501-c3 tax status or sponsoring organization that already has one. Main benefit of Chapter affiliation is access to over 100 quilt panels a year for display purpose. See Point 5...
5. The NAMES Project Foundation/Regional Gallery Program Concept: “Into The Millennium: Until The Dying Stops...” The first of these designed in honor of the 150th Birthday of Dayton, Ky. I have changed the design: Location moved to the riverfront near the Marina, Bell Tower switched to Light House Beacon, inside centerpiece Memorial Monument dedicated to ALL Dayton/No. Ky. Veterans of the War in Viet Nam
6. 
VI. TRUSTEE POWERS: The Trustee, 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.
A. RECEIVE ASSETS. To receive, hold, maintain, administer, collect, invest and re-invest the trust assets, and collect and apply the income, profits, and principal of the Trust in accordance with the terms of this instrument.
B. RECEIVE ADDITIONAL ASSETS. To receive additional assets from other sources, including assets received by bequest.
C. STANDARD OF CARE. To acquire, invest, re-invest, 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 Trustee is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by a 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(s) under which this instrument is administered.
D. RETAIN ASSETS. 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.
E. DISPOSE OF OR ENCUMBER ASSETS. 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.
F. SETTLE CLAIMS. To compromise, settle, or abandon claims in favor of or against the Trust.
G. MANAGE PROPERTY. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper.
H. ALLOCATE BETWEEN PRINCIPAL AND INCOME. 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.
I. EMPLOY PROFESSIONAL ASSISTANCE. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the Trust.
J. DISTRIBUTE PROPERTY. To make division or distribution in money or kind, or partly in either, at values to be determined by the Trustee, and the Trustee’s judgment shall be binding upon all interested parties.
K. ENTER CONTRACTS. To bind the Trust by contracts or agreements without assuming individual liability for such contracts.
L. EXERCISE STOCK OWNERSHIP RIGHTS. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the Trust.
M. DURATION OF POWERS. 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.
N. HOLD TRUST ASSETS AS A SINGLE FUND. To hold the assets of the Trust, share, 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.
O. METHODS OF DISTRIBUTION. To make payments to or for the benefit of any beneficiary (specifically including any beneficiary under any legal disability) in any of the following ways: (a) directly to the beneficiary; (b) directly for the maintenance, welfare and education of the beneficiary; (c) to the legal or natural guardian of the beneficiary; or (d) to anyone who at the time shall have custody and care of the person of the beneficiary. The Trustee shall not be obliged to see the application of the funds so paid, but the receipt of the person to whom the funds were paid shall be full acquittance of the Trustee.
VII. ADDITIONAL TRUSTEE PROVISIONS. These additional provisions shall apply regarding the Trustee.
A. GRANTOR AS TRUSTEE. If at any time the Grantor is the Trustee, the Grantor may appoint a successor trustee by making such designation in writing. Such designee shall become the successor trustee upon acceptance of the terms and conditions of this Agreement.
B. DEATH OR DISABILITY OF THE GRANTOR AS TRUSTEE. If at any time the Grantor has a disability or upon the death of the Grantor (as previously defined), Mr. Kevin J. O’Toole, of St. Louis, Missouri, is designated as the successor trustee. Such designee shall become the successor trustee upon acceptance of the terms and conditions of this Agreement.
C. RESIGNATION OF TRUSTEE. The Trustee, or any successor may resign at any time by giving thirty (30) days written notice to the Grantor. If the Grantor is deceased, such notice shall be given to all adult beneficiaries, and to a parent or guardian, if any, or each minor beneficiary.
D. SUCCESSOR TRUSTEE. The beneficiaries to whom such notice of resignation is given shall designate a successor trustee by written notice to the resigning trustee within thirty (30) days after receipt of the notice or resignation. If a successor trustee is not so designated, the resigning trustee shall have the right to secure the appointment of a successor trustee by a court of competent jurisdiction, at the expense of the Trust. If a successor trustee is appointed, such trustee shall be bound by, and subject to, the provisions of this Trust.
E. ACCOUNTING. The Trustee shall provide an accounting to the Beneficiary (or Beneficiaries) on at least an Annual Basis. If a beneficiary has a “disability”, the Trustee shall provide the accounting to a guardian or conservator, if any.
F. BOND. No bond shall be required of the Grantor (if serving as Trustee) or any qualified corporate Trustee.
VIII. RIGHT TO DIRECT INVESTMENTS. At any time that the Trust has investments, and provided that the Grantor does not have a “disability”, the Grantor may direct any Trustee to purchase, sell, or retain any trust investment.
IX. REVOCATION OR AMENDMENT. During the Grantor’s life, the Grantor may revoke (in whole or in part) or amend this Agreement by delivering to the Trustee an appropriate written revocation or amendment, signed by the Grantor.
X. GOVERNING LAW. This agreement shall be construed in accordance with the laws of the Commonwealth of Kentucky and the State of Missouri.
XI. PERPETUITIES SAVINGS CLAUSE. Despite any other provision of this Agreement to the contrary, the trust created by this Agreement shall terminate no later than 21 years after the death of the last to die of a class of persons to include the Grantor and any other beneficiary of this Agreement who is living on the date that this Agreement is signed.
XII. SEVERABILITY. 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.
Michael Wallace Connett
Signature - Michael Wallace Connett, Grantor
The preceding Trust agreement was subscribed, sworn to and acknowledged before me by Michael Wallace Connett, as Grantor, this 2nd day of July , 1999, as the voluntary act of such person.
Karen L. Griffith
Notary Public: Kentucky State at Large
County of Kenton
My Commission Expires October 28, 2000
Kevin J. O’Toole
Signature - Kevin J. O’Toole, Successor Trustee
The preceding Trust agreement was subscribed, sworn to and acknowledged before me by Kevin J. O’Toole, as the Successor Trustee, this 8th day of July , 1999, as the voluntary act of such person.
Linda S. Riley
Notary Public: State of Missouri
Jefferson County
My Commission Expires December 3, 2001
MWC/
6/17/99
Amended: Christmas 2000, 2002. Agreement on File with: The Bank of Kentucky
Finis-The Last Hurrah: May 25th, 2004
“I used to be afraid of dying, I’m not anymore.
I’m more afraid of what happens to the people who live...”
from “And The Band Played On”
The Mission of this organization is simply to “Take up the slack” that now exists in caring for the “Quality of Life” issues of the infected/affected who are now living longer and preventing further infections, as seen thru the eyes of a long term survivor…
The purpose for which the corporation is therefore organized is the funding, advocacy and provision of HIV/AIDS Prevention, Education and Social Support services.
In implementing its mission and purpose, SoBank Cares will adhere to the following principles:
The politics of inclusion – Respecting all people and treating all members of the HIV community with the same dignity and respect. While our focus will be on HIV/AIDS in our Community, we will also have concern for the stigmatization, discrimination, demonization, persecution, and oppression faced by all disenfranchised peoples.
Creating systematic change – We believe that our work must focus on building a broad base of support for “Quality of Life” issues of social justice that includes, but is not limited to, issues important to our HIV community. This means that long term change is of greater significance than any single issue, campaign, or candidate and our education and advocacy efforts will reflect that priority.
Philosophy - The Four Agreements Written by Don Miguel Ruiz
1) Be Impeccable With Your Word
Speak with integrity. Say only what you mean. Avoid using the word to speak against yourself or to gossip about others. Use the power of your work in the direction of truth and love.
2) Don't Take Anything Personally
Nothing others do is because of you. What others say and do is a projection of their own reality, their own dream. When you are
immune to the opinions and actions of others, you won't be the victim of needless suffering.
3) Don't Make Assumptions
Find the courage to ask questions and to express what you really want. Communicate with others as clearly as you can to avoid misunderstandings, sadness and drama. With just this one agreement, you can completely transform your life.
4) Always Do Your Best
Your best is going to change from moment to moment; it will be different when you are healthy as opposed to sick. Under any
circumstance, simply do your best, and you will avoid self-judgment, self-abuse, and regret.
Stephen J. Covey - "The 7 Habits..."
Last updated:
Saturday, May 12, 2012 1:29 PM
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Copyright (c):
The Michael W. Connett Living Trust/South Bank HIVe
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