Residential Management Services Trust, Robert Hogue, Trustee - Page 7




                                         - 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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