Kai-zen Insurance Trust

Transcription

KAI-ZEN INSURANCE TRUSTAs Trustee of your Kai-Zen Insurance Trust, Provident Trust Group, LLC,will establish a trust account for your trustImportant information about procedures for establishing a trust account with a FinancialInstitution.To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain, verify, and record information thatidentifies each person who establishes a trust account.What this means for you: When establishing a trust account, we will ask your name, address,date of birth, social security number or tax identification number and other information thatwill allow us to identify you. This information will be verified to ensure the identity of allpersons establishing a trust account. In certain instances, Provident Trust Group (“PTG”) isrequired to collect documents to fulfill its legal obligation. Documents provided in connectionwith your application will be used solely to establish and verify a customer’s identity, and PTGshall have no obligation with respect to the terms of any such document.

THE [ ]INSURANCE TRUST AGREEMENTTHIS Trust is created under the following terms as of , 20 , by and between, (hereinafter “Settlor”) and Provident Trust Group, LLC (hereinafter“Trustee”).WHEREAS, the purpose of this Insurance Trust is to provide Benefits to the Settlor and/orBeneficiaries named herein; andWHEREAS, Settlor, by this Insurance Trust Agreement desires to establish a trust to provideBenefits; andWHEREAS, the Settlor desires the Trustee to hold and administer the assets of this InsuranceTrust in accordance with the terms of this Insurance Trust and the Trustee is willing to do so pursuant tothe terms of this Insurance Trust Agreement.NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, theParties hereto agree as follows:1.ESTABLISHMENT OF TRUST; APPOINTMENT AND ACCEPTANCE OF TRUSTEEThis Trust is named [ ] Insurance Trust (“Insurance Trust”). The Settlorestablishes this Insurance Trust to provide for the current and future needs of the Beneficiaries hereunder.Settlor hereby appoints Provident Trust Group, LLC with offices located at 8880 W. Sunset Rd., Suite 250,Las Vegas, Nevada 89148 as the “Trustee” for this Insurance Trust. Settlor acknowledges that Trusteemay also serve as Trustee for the Kai-Zen Trust 46, as defined below, and for otherinsurance trusts under the Kai-Zen Trust and directs that the Trustee shall administer thisInsurance Trust as a separate and distinct trust from the Kai-Zen Trust and any other trusts that mayadopt insurance trusts under the Kai-Zen Trust. Trustee is hereby directed to hold and administerthe assets of this Insurance Trust as necessary solely to provide for the needs of Beneficiaries and topay the reasonable expenses of this Insurance Trust. The Trustee hereby accepts the Insurance Trustcreated hereunder, and agrees to perform all duties specified in accordance with the conditions setforth herein.2.DEFINITIONSa.“Administrator” shall mean the person or entity designated by the Settlor of this InsuranceTrust to perform the administrative functions of this Insurance Trust. Kai-Zen Plan Servicing,LLC shall be the initial Administrator.b.“Agreement” or “Insurance Trust Agreement” or “Insurance Trust” shall mean this[ ] Insurance Trust Agreement.c.“Beneficiary” or “Beneficiaries” shall mean the Beneficiary or Beneficiaries as designatedin Section 5(b) of this Insurance Trust.d.“Benefits” shall mean Death Benefits, Living Benefits and Policy Loans;e.“Insurance Policy (ies)” shall mean one or more life insurance policies issued on the life ofthe Insured Person(s).f.“Insured Person” shall mean the person(s) insured under a life insurance policy held in thisInsurance Trust as described in Section 4(e)(iii).g.“Living Benefits” shall mean any payment during the Insured Person’s life.Copyright 2013, 2015 Kai-Zen Plan Servicing,LLC .ALL RIGHTS RESERVED rev 11-1-5Page 1 of 16Settlor’s Initials(Person Establishing Trust)

3.4.h.“Policy Loans” shall mean loans issued by the Insurance Company.i.“Premium Loan(s)” shall mean those loans taken by the Insurance Trust through the KaiZen Trust, and subject to the terms of the Kai-Zen Trust, to fund premium payments onInsurance Policies.j.“Settlor” shall mean the individual or entity designated as Settlor in the introductoryparagraph of this Insurance Trust Agreement.k.“Kai-Zen Trust” shall mean the Kai-Zen Trust 46 dated September 15 ,2021 formed to obtain and service the Premium Loan(s).l.“Kai-Zen Trust Settlor” shall mean Kai-Zen Plan Servicing, LLCm.“Kai-Zen Trustee” shall be the trustee of the Kai-Zen Trust 46.n.“Kai-Zen Trust Administrator” shall mean the person or entity designated by the Kai-ZenTrust Settlor to perform the administrative functions of the Kai-Zen Trust. Kai-Zen PlanServicing, LLC shall be the initial administrator of the Kai-Zen Trust.KAI-ZEN TRUSTa.Adoption of Kai-Zen Trust. Settlor hereby agrees to be bound by the terms of The Kai-ZenTrust 46 Agreement dated September 15, 2021, the provisions of which are herebyincorporated byreference. Settlor acknowledges that pursuant to the terms of the Kai-Zen Trust,the Trustee of the Kai-Zen Trust may obtain a Premium Loan(s) from a third-party lender forthe purpose of paying premiums on insurance policy(ies) held by this Trust and such loan maybe secured by a Collateral Assignment on such policy. In the event any portion of suchPremium Loan(s) is used for the payment of premiums on any insurance policy held by thisTrust, this Trust shall be liable for the repayment of any such loan allocated to such policies,including principal and interest, and the assets of this Trust shall be used for such repayment.b.Acknowledgment and Delegation of Authority of Kai-Zen Trust. Settlor acknowledges thatKai-Zen Plan Servicing, LLC is the Settlor of The Kai-Zen Trust and accordingly only Kai-ZenPlan Servicing, LLC is authorized to amend, modify, terminate or in any manner change theterms of the Kai-Zen Trust Agreement, subject to the limitations and restrictions set forth in theKai-Zen Trust Agreement.SPECIFIC CONTROLLING PROVISIONS. This Trust Agreement contains several alternativeprovisions which may be elected or declined by the Settlor as indicated below. Those provisionselected by the Settlor shall become a part of This Trust and thereafter the Trust shall be construed as ifthe non-elected provisions were not contained herein. The following elected provisions shall control theoperation of this Trust:a.PURPOSE. The purpose of this Trust is as indicated below:Accepted Executive Bonus Plan Key Person Insurance Funding Business Buy-Sell Funding Family Estate PlanningCopyright 2013, 2015 Kai-Zen Plan Servicing,LLC .ALL RIGHTS RESERVED rev 11-1-5Settlor’s InitialsSettlor’s InitialsSettlor’s InitialsSettlor’s InitialsPage 2 of 16Settlor’s Initials(Person Establishing Trust)

b.SETTLOR. The Settlor of this Insurance Trust is as indicated below:Accepted The Insured PersonSettlor’s Initials The Insured Person’s Employer (Corporation, Partnership, LLC) The Insured Person’s Employer (Individual) A Partner, Co-Member or Co-Shareholder of Insured PersonSettlor’s InitialsSettlor’s InitialsSettlor’s Initials Parent Spouse Child of Insured Person Revocable Trust of which Insured Person is: Settlor BeneficiarySettlor’s InitialsSettlor’s Initialsc.TRUST PROTECTOR. Waiver of Trust Protector. Settlor hereby waives the right and opportunity to appoint aTrust Protector of this Insurance Trust.Settlor’s Initials Appointment of Trust Protector. Settlor hereby appoints and designates the followingindividual to serve as Trust Protector of this Trust.Name:Address:Powers of Trust Protector: The Trust Protector shall be authorized: to remove anyTrustee and appoint a successor Trustee, provided, however, that the successor Trusteeso appointed may not be the Trust Protector or related or subordinate to the Trust Protectorwithin the meaning of 26 U.S.C. Sec. 672(c); to modify or amend this Agreement to achievea favorable tax status, or because of changes in federal or state tax laws or the regulationsand rules thereunder, or because of changes in other laws, regulations or rules applicableto this Agreement, or as otherwise may be necessary or advisable to carry out the intentof the Grantor; to terminate and liquidate trusts; to change the situs and/or governing lawof any trust hereunder; to interpret terms of this Agreement at the request of a Trustee; toincrease, decrease or delay interests of beneficiaries hereunder including but not limitedto ensuring that any income or remainder beneficiary’s obligations under any underlyingagreement are not thwarted or delayed; to convert a trust into a supplemental needs trustif a beneficiary becomes disabled; to move the situs of trusts to another state; to create,modify, limit or eliminate powers of appointment; and to consult with the Trustee with regardto investment decisions. No modification or amendment of this Agreement may grant abeneficial interest to any individual or class of individuals not specifically provided for inthis Agreement. No Trust Protector may appoint himself or herself, or his or her creditorsor estate as a beneficiary hereunder.Copyright 2013, 2015 Kai-Zen Plan Servicing,LLC .ALL RIGHTS RESERVED rev 11-1-5Page 3 of 16Settlor’s Initials(Person Establishing Trust)

The Trust Protector shall serve without compensation, unless a Trust Protector is anattorney or accountant in which event such Trust Protector shall be entitled to reasonablehourly compensation for services rendered. The Trust Protector shall be entitled toreimbursement for reasonable expenses incurred in connection with the actions of theTrust Protector hereunder. The Trust Protector shall not be obligated to monitor orsupervise the Trustee or trust administration hereunder, but rather may act only whenmatters are brought to the attention of the Trust Protector by a beneficiary, Trustee orotherwise interested party. So long as the Trust Protector shall have acted in good faithand have not been reckless, the Trust Protector shall not be liable for simple negligence.”Settlor’s Initialsd.REVOCABILITY. Revocable Trust. Subject to the provisions of the Kai-Zen Trust, Settlor reserves thepower to revoke this Trust in whole or in part, and to amend any of its provisions.Notwithstanding the foregoing, this Trust Agreement shall become irrevocable upon thedeath of Settlor. Settlor or Trust Protector if a Trust Protector is appointed, has the rightto withdraw this Insurance Trust from the Kai-Zen Trust and to appoint a successorTrustee for this Trust at any time, subject to the restrictions and limitations set forth in theKai-Zen Trust.Settlor’s Initials Irrevocable Trust. This Trust and the trust estate created pursuant hereto are herebyexpressly declared to be irrevocable upon delivery to the Insured of a life insurance policyas described in Section 3(a)(iii) of the Kai-Zen Trust, and upon such delivery Settlor herebywaives all rights and powers, whether alone or in conjunction with others, to alter, amendor change the terms and conditions of this Trust, in whole or in part. Settlor irrevocablytransfers, sets over, assigns and conveys to the Trustee all assets as may from time totime be transferred pursuant to this trust agreement. Except as otherwise set forth herein,Settlor expressly waives and renounces any interest, either vested or contingent, in theincome or principal of the trust estate hereby created, and all rights and powers, whetheralone or in conjunction with others, to designate the persons who shall possess and enjoythe property of the trust estate or the income therefrom. These assets, together with anyother assets and property which from time to time may be added to them, are to be heldby Trustee for the purposes and upon the terms and conditions described herein.Notwithstanding the irrevocability, Settlor or Trust Protector, if appointed, shall retain thepower to withdraw this Insurance Trust from the Kai-Zen Trust and thereafter administerthis Trust as a separate trust.Settlor’s Initialse.PAYMENTS TO THE TRUST:i.Kai-Zen Trust Payments. The Trustee is authorized, and authorized to delegate thisauthorization, to obtain loans through the Kai-Zen Trust subject to the terms andconditions of the Kai-Zen Trust to fund premium payments on Insurance Policies.ii.Settlor Contributions. For the purpose of funding the Benefits provided under thisInsurance Trust the Settlor may at any time and from time to time shall makecontributions by transferring cash to the corpus of this Insurance Trust. All Settlorcontributions must be, immediately prior to such contribution, titled to and withdrawnCopyright 2013, 2015 Kai-Zen Plan Servicing,LLC.ALL RIGHTS RESERVED rev 11-1-5Page 4 of 16Settlor’s Initials(Person Establishing Trust)

directly from an account or other asset held in the name of the Settlor. For absence ofdoubt, all Settlor contributions must be made from after-tax funds. The principal,including the earnings, profits and dividends thereon as may occur from time to time,less the payment of expenses, distributions and loans (including principal, interest andbank fees) as authorized herein shall constitute the assets of this Insurance Trust.iii.Notwithstanding any other provisions of this Insurance Trust Agreement or the Kai-ZenTrust Agreement, the Trustee shall have as its primary duty and obligation, the paymentof premiums on one or more life insurance policies on the life of the followingindividual(s):Initial DeathBenefitInsured Person (Print Name)Relation toSettlor iv.Settlor intends to fund this Insurance Trust with sufficient assets so that the Trustee canfulfill Settlor’s expressed intent and desire that the Trustee make premium payments onthe life insurance policy (ies) as set forth in Section 4(e)(iii) above. Contributions will bemade on the date and in an amount as billed by the Trust Administrator in the followingapproximate amounts.Year 1: Year 4: Year 2: Year 5: Year 3: Notwithstanding the foregoing, the Trustee shall be permitted to pay premiums from theassets of the Insurance Trust in such higher or lower amount as shall be in the bestinterest of this Insurance Trust.This Section Intentionally Left BlankCopyright 2013, 2015 Kai-Zen Plan Servicing,LLC .ALL RIGHTS RESERVED rev 11-1-5Page 5 of 16Settlor’s Initials(Person Establishing Trust)

5.TRUST BENEFITS: DISTRIBUTIONS.a.Distributions Upon Death of Insured Person: The primary benefit of the Insurance Trust isthe provision of life insurance protection on the life of the Insured Person. Upon the death ofan Insured Person, the Trustee shall pay, or at the direction of the Kai-Zen Trust Administratorshall cause the insurance company to pay, the net death benefit as received from the lifeInsurance Policy(ies) held as part of this Insurance Trust in the following order: (1) first for thereduction of any sums necessary to satisfy any outstanding Premium Loan(s) (includingprincipal and interest) incurred for paying insurance policy premiums together with such othercosts and fees owed to the Administrator and Trustee prior to the date of death; (2) for thereduction of any sums necessary to satisfy any other outstanding Premium Loan(s) (includingprincipal and interest); and (3) any additional amounts shall then be paid in a single lump sumto the following Beneficiary(ies):Insured is Marriedi. YesName of Beneficiary Settlor Primary Contingent NoPercentAccepted%Settlor’s InitialsInsured Person’s Spouse%Settlor’s InitialsSpouse Name:Address: Primary ContingentName:%Settlor’s InitialsAddress: Primary ContingentName:%Settlor’s InitialsAddress: Primary ContingentName:%Settlor’s InitialsAddress: Primary ContingentName:%Settlor’s InitialsAddress: Primary ContingentTrust Name:Trustee Name:Trustee Address:Trust Date:%Settlor’s InitialsCopyright 2013, 2015 Kai-Zen Plan Advisors, Inc.ALL RIGHTS RESERVED rev 11-1-5Page 6 of 16Settlor’s Initials(Person Establishing Trust)

If the Insured Person is:% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid toSettlor’s Initials If the Insured Person is:% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid toSettlor’s Initials If the Insured Person is:% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid toSettlor’s Initials If the Insured Person is:% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid toSettlor’s Initials If the Insured Person is:% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid to% of the Death Benefit shall be paid toSettlor’s InitialsCopyright 2013, 2015 Kai-Zen Plan Servicing,LLC .ALL RIGHTS RESERVED rev 11-1-5Page 7 of 16Settlor’s Initials(Person Establishing Trust)

ii.b.Upon the death of the last person insured under an Insurance Policy owned by this Trust,the rest, residue and remainder of all assets of the trust shall be paid to:Distributions During the Life of the Insured Person – Living Benefits. In the event anInsured Person is covered by an Insurance Policy that provides Living Benefits, the Trustee ofthis Insurance Trust, upon application by the Settlor or the Settlor’s next of kin if the Settlorshould be incapacitated, shall have the power to apply to the insurance company for thepayment of Living Benefits only if this Insurance Trust is no longer encumbered by a PremiumLoan(s) and Collateral Assignment.i. During the life of an Insured Person, the assets of this Trust shall be used and expendedsolely and exclusively to provide for the health, safety, education, welfare and support orbenefit funding of the following named Beneficiaries:BeneficiaryAccepted Insured PersonSettlor’s Initials SettlorSettlor’s Initials Trust Name:Trustee Name:Trustee Address:Trust Date:Settlor’s Initialsii.The payment of distributions during an Insured Person’s life shall be exercisable by theTrustee: In the Trustee’s Sole Discretion. The TrusteeSHALLSHALL NOT be required to allocate and distribute allincome, but not corpus, to the Beneficiaries. The TrusteeSHALLSHALL NOT have discretion to distribute corpus to theBeneficiaries. The Trustee shall have no liability to any Beneficiary for the exerciseof his discretion hereunder. Pursuant to written instructions given by the Settlor Insured Person Trust Protector.Settlor’s InitialsSettlor’s InitialsCopyright 2013, 2015 Kai-Zen Plan Servicing,LLC ALL RIGHTS RESERVED rev 11-1-5Page 8 of 16Settlor’s Initials(Person Establishing Trust)

6.TRUSTEE DUTIES, RESPONSIBILITIES, AND AUTHORITY: Notwithstanding any other provisionof this Insurance Trust, the provisions of this Section 6 shall control as to the duties and responsibilitiesof the Trustee of this Insurance Trust and the Kai-Zen Trust, which are to be exercised at the directionof the Kai-Zen Settlor. The Trustee shall discharge its duties under this Insurance Trust solely in theinterest of the Settlor and Beneficiaries, and for the exclusive purpose of providing distributions to suchpersons and defraying reasonable expenses of administering the Insurance Trust with the care, skill,prudence, and diligence under the circumstances then prevailing that a prudent man, acting in a likecapacity and familiar with such matters, would use in the conduct of an enterprise of a like characterand with similar purposes.a.Trustee’s Authority. Any insurance company issuing an Insurance Policy to this InsuranceTrust is authorized to deal with the Trustee as the absolute assignee and/or owner of any policyissued to or transferred to this Insurance Trust. Settlor shall, at the request of the Trustees,execute any other instrument reasonably required to carry out the foregoing provisionsincluding any change of ownership forms, change of beneficiary forms and other instrumentsreasonably required to facilitate vesting in the Trustee of all incidents of ownership in any suchpolicy. The Trustee shall be authorized to apply for and pay Living Benefits to an InsuredPerson in accordance with the procedures set forth herein, in the Kai-Zen Trust, or anycollateral assignment agreement to which an Insurance Policy is subject. Notwithstanding theforegoing, the Trustee may, to the extent permitted or required under applicable law direct thatany payments or distributions may be payable directly to a Beneficiary or Insured Person byan insurance company.b.General Duties and Responsibilities. The Trustee and the Kai-Zen Trustee shall havewithout exclusion all the rights, powers, options and privileges granted, provided for or vestedin the Trustees generally under the laws of the state of domicile of this Insurance Trust so thatpowers conferred upon the trustee herein shall not be in limitation of any authority conferredby law, but shall be in addition thereto. The Trustee shall, upon receiving direction from theAdministrator:i.To exercise any of the incidences and rights of ownership with respect to any financialaccounts created and held hereunder, as well as to any insurance contracts held by theTrustee;ii.To keep such portion of the assets of this Insurance Trust in cash account balances asmay, from time to time be deemed to be in the best interests of this Insurance Trust;iii.To cause all financial accounts to be held in the name of the Trustee.iv.To invest and reinvest the assets of this Insurance Trust;v.To borrow money from any source (including the Trustee), to execute promissory notes,mortgages, collateral assignments, guarantees or other obligations and to pledge ormortgage any Trust assets, including insurance policies, as security for the benefit ofthis Insurance Trust;vi.To keep accurate and detailed records of all receipts, disbursements, transactions, andinvestments;vii.To accept direction from the Kai-Zen Trust Trustee and acknowledge the Kai-Zen TrustTrustee may take direction from the Kai-Zen Trust Administrator, to effectuate thepurposes of this Insurance Trust;viii.Obtain federal tax identification number for this Insurance Trust;Copyright 2013, 2015 Kai-Zen Plan Servicing,LLC ALL RIGHTS RESERVED rev 11-1-5Page 9 of 16Settlor’s Initials(Person Establishing Trust)

ix.To settle, compromise or submit to arbitration any claims, debts or damages due orowing from the Insurance Trust, to commence or defend lawsuits or other legalproceedings, and to represent the Insurance Trust in all lawsuits or other legalproceedings;x.To employ agents, attorneys, accountants, custodians and other persons (any of whommay also render services to the Administrator, Settlor, Kai-Zen Trust Settlor, Kai-ZenTrustee or Kai-Zen Trust Administrator) that are reasonably necessary for the properadministration of this Insurance Trust, and to pay their reasonable fees, expenses andother just compensation;xi.To do all other acts necessary or desirable for the proper administration of the trustestate, as if the Trustee were the absolute owner thereof. However, nothing herein shallbe construed to mean the Trustee assumes any responsibility for the performance ofany investment made by the Trustee in its capacity as trustee under this Insurance TrustAgreement. Notwithstanding any powers granted to the Trustee pursuant to thisInsurance Trust Agreement or applicable law, the Trustee shall not have any power thatcould give this Insurance Trust the objective of carrying on a business and dividing thegains therefrom within the meaning of Internal Revenue Code Section 301.7701-2 ofthe Procedure and Administrative Regulations promulgated pursuant thereto; andxii.To pay reasonable fees and expenses incurred in the performance of the dutiesenumerated above.c. Duties and Responsibilities with Respect to Life Insurance Policies. The Trustee shallhave, without exclusion, all powers conferred on trustees by applicable law, unlessexpressly provided otherwise herein. In addition to the foregoing general insurancepowers, the Trustee shall have the following specific powers upon receiving direction fromthe Administrator:i.acquiring, owning, maintaining and being the beneficiary of the insurance policiesissued to this Insurance Trust;ii.collecting income, contributions, investments and loan proceeds;iii.paying reasonable expenses of the Insurance Trust;iv.borrowing funds from a third-party lender;v.pledging the insurance policy to secure the indebtedness outstanding under anyborrowings from lender(s);vi.executing a collateral assignment agreement in favor of any lender with a loan to thisInsurance Trust then outstanding;vii.executing the Insurance Policy Beneficiary Designation Form in conformance with theterms of the Kai-Zen Trust, this Insurance Trust and Settlor Beneficiary designation;viii.holding assets and managing the death benefit of any Insurance Policies;ix.borrowi ng f rom the cash value of any Insurance Policy(ies);x.lending money to a Beneficiary at any time the Insurance Trust does not have anyindebtedness other than indebtedness arising from Policy Loans;Copyright 2013, 2015 Kai-Zen Plan Servicing,LLC ALL RIGHTS RESERVED rev 11-1-5Page 10 of 16Settlor’s Initials(Person Establishing Trust)

d.xi.collect the proceeds and other amounts due and payable under Insurance Policy(ies)at maturity and other times;xii.act in any other manner the Administrator decides necessary or desirable forInsurance Trust to promote or accomplish the intents and purposes specified orcontemplated in this Insurance Trust Agreement, including investment in assets otherthan the Insurance Policies.Trustee Duties at the Discretion of the Administrator: Payments made to this InsuranceTrust shall be disbursed by the Trustee upon the direction of the Administrator only for thefollowing purposes:i.paying premiums on insurance policies held by this Insurance Trust;ii.paying principal, interest and bank fees with respect to any loans secured by insurancepolicies owned by this Insurance Trust;iii.paying distributions or Benefits to the Settlor and/or Beneficiaries of this Insurance Trustpursuant to the terms hereof;iv.paying to an Insured Person any Living Benefit.v.7.paying the reasonable expenses of administering this Insurance Trust and the Kai-ZenTrust to include but not be limited to legal, accounting, actuarial, trustee, administrationand other expenses.LIMITATIONS ON TRUSTEE DUTIES, RESPONSIBILITIES AND AUTHORITY.a.No Obligation. In the event this Insurance Trust has insufficient contributions or assets to payany premiums which may become due and payable under the provisions of such InsurancePolicy, the Trustee shall notify the Kai-Zen Trustee and Kai-Zen Settlor within thirty (30) daysprior to the date in which such premiums are due that this Insurance Trust has insufficientcontributions or assets to make such payment. Trustee shall be under no obligation,responsibility or liability of any kind if such premiums are not paid as a result of insufficientfunds.b.Limitations on Duties and Liability of Trustee. Trustee shall at no time have any duty orliability whatsoever:i.To verify that any life insurance policy satisfies the requirements for a life insurancecontract under Section 7702 of the Internal Revenue Code;ii.To compare the performance or pricing or the projected performance or pricing of a lifeinsurance policy with the performance or pricing or projected performance or pricing ofany other life insurance policy which may then be available from any source;iii.To assess the appropriateness of purchasing or retaining any life insurance policy asan asset of the trust as compared to other then available vehicles that are not lifeinsurance policies. With respect to any such policies acquired or retained, Trustee shallhave no liability to the Settlor or to any present or future Beneficiary for non-productivity,decline in value or lack of diversification of the Trust Fund. The fact that the Trusteemay have made inquiry regarding any such matter prior to the acquisition of a policy orafter the acquisition of such policy shall place no duty upon the Trustee to make anyfurther inquiry, but shall be considered as activity beyond the scope of the Trustee’sduties.Copyright 2013, 2015 Kai-Zen Plan Servicing,LLC .ALL RIGHTS RESERVED rev 11-1-5Page 11 of 16Settlor’s Initials(Person Establishing Trust)

iv.c.8.9.To investigate the strength or solvency of any insurance company which issued or isoffering to issue a given life insurance policy or for the failure or inability of an insurancecompany to pay the proceeds of any policy when due.Indemnification. Trustee shall be held harmless from and against any loss, liability or expenseincurred without gross negligence or breach of trust on its part, arising out of or in connectionwith the acceptance or administration of this Insurance Trust or its duties hereunder, includingthe costs and expenses of defending itself against any claim or liability in connection with theexercise or performance of any of its powers or duties.TRUSTEE AND ADMINISTRATION FEES AND EXPENSES.a.First Fifteen Years of the Trust. The Trustee and Administrator shall be compensated for allservices rendered under Section 6 (which compensation shall not be limited by any provisionof law in regard to the compensation of a trustee of an express trust) and for generaladministration services for the first fifteen fiscal years through prepaid fees as shall beseparately disclosed by the Kai-Zen Plan Administrator.b.After

"Kai-Zen Trust Settlor" shall mean Kai-Zen Plan Servicing, LLC k. 2021 formed to obtain and service the Premium Loan(s). "Kai-Zen Trust" shall mean the Kai-Zen Trust 46 dated September 15 , m. "Kai-Zen Trustee" shall be the trustee of the Kai-Zen Trust 46. Trust 46 Agreement dated September 15, 2021, the provisions of which are hereby