2006 South Dakota Code - 55-4-46 — Certificate of trustee of inter vivos trust relating to real property transaction.
55-4-46. Certificate of trustee of inter vivos trust relating to real property transaction. A certificate of a trustee or of trustees of an inter vivos trust in support of a real property transaction may be substantially in the following form:STATE OF SOUTH DAKOTA ) CERTIFICATE OF TRUSTEE
________________, being first duly sworn on oath, says that:
1. Affiant is the trustee (one of the trustees) named in the Trust
Instrument
a. (Name of Trust)
b. established on ________________;
c. with ________________ as grantor(s), and
d. with ________________ as the original Trustee(s).
This Certificate of Trust relates to real property in
________________ County, South Dakota, legally described as
follows:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(If more space is needed, continue on back or on attachment).
2. The name(s) and address(es) of the trustee(s) empowered by the
Trust Instrument to act at the time of the execution of this
Certificate are as follows:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3. The trustee(s) who have executed that certain instrument
relating to the real property described above between
________________, as trustee(s) and ________________, dated
________________ :
(a) are empowered by the provisions of the trust to sell, convey,
pledge, mortgage, lease, or transfer title to any interest in real
property held in trust; and
(b) are the requisite number of trustees required by the provisions
of the trust to execute and deliver such an instrument.
4. The Trust has not terminated and has not been revoked.
- OR -
4. The Trust has terminated (or has been revoked). The execution
and delivery of the instrument described in paragraph 3 has been
made pursuant to the provisions of the Trust.
5. There has been no amendment to the Trust which limits the power
of trustee(s) to execute and deliver the instrument described in
paragraph 3.
6. The Trust is not supervised by any court.
- OR -
6. The Trust is supervised by the ________________ Court of
________________ County.
__________ All necessary approval has been obtained from the court
for the trustee(s) to execute and deliver the instrument described
in paragraph 3.
7. Affiant does not have actual knowledge of any facts indicating
that the Trust is invalid.
______________________________________, Affiant
Subscribed and sworn to before me
this ______ day of __________, ______.
Signature of Notary Public or
Other Official
This instrument was drafted by:
________________________________
________________________________
________________________________
Source: SL 2000, ch 229, § 12; SL 2002, ch 100, § 21.
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