- 7 -
EIGHTH
* * * A Successor-Trustee may be appointed by a court
of competent jurisdiction or by consensus with the
Trust Managers and Beneficiaries if the First Trustee
resigns with 30 days notice.
* * * * * * *
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
/s/ /s/
CONTRACT ADMINISTRATORS AMERICAN COMMON TRUST
TRUST, SETTLOR, Enrique FIRST TRUSTEE, Douglas J.
Almodovar Carpa, Trust Officer
[Emphasis added.8]
The recordation information stamped on the unnumbered cover
page of the 1994 trust instrument states as follows:
OFFICIAL RECORDS OF
MARICOPA COUNTY [AZ] RECORDER
HELEN PURCELL
94-0416997 05/25/94 10:25
LILIAN 2 of 3[9]
Upon the filing of respondent’s motion to dismiss, the Court
issued an order directing Residential Management to file an
objection, if any, to respondent’s motion, taking into account
8 Enrique Almodovar and Douglas J. Carpa both purportedly
appeared before a notary public in Maricopa County, Arizona, and
purportedly executed the trust instrument on May 24, 1994.
9 We note that the recordation information in the present
case is in numerical order with the recordation information on
the trust instrument submitted to the Court by Robert Hogue on
behalf of a related trust, Home Health Services Trust, to wit:
Official Records of Maricopa County [AZ] Recorder, Helen Purcell,
94-0416998, 05/25/94, 10:25, LILIAN 3 of 3. See Home Health
Servs. Trust v. Commissioner, T.C. Memo. 2003-58; Home Health
Servs. Trust v. Commissioner, docket No. 9118-00.
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Last modified: May 25, 2011