- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011