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The 1845 W 48th Street Trust, No. 2605220109 - Title-Holding Trust Agreement - DRAFT.docx

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Property1845 W 48th St, Cleveland, Ohio 44102
FolderDeed & Title
KindOffice
Updated2026-05-30
Dropbox path10 - Deed & Title/The 1845 W 48th Street Trust, No. 2605220109 - Title-Holding Trust Agreement - DRAFT.docx

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TRUST AGREEMENT Purpose of Agreement. This Trust Agreement, dated 5/22/2026, which date is for reference purposes only, shall be known as The 1845 W 48th Street Trust, No. 2605220109. This Agreement certifies that Ecosystems Asset Recovery Lending DAO LLC ("Trustee") is about to take legal and equitable title to the following described real estate, together with all appurtenant rights and personal property now used in the general operation of the real estate, located in the County of Cuyahoga, S

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TRUST AGREEMENT Purpose of Agreement. This Trust Agreement, dated 5/22/2026, which date is for reference purposes only, shall be known as The 1845 W 48th Street Trust, No. 2605220109. This Agreement certifies that Ecosystems Asset Recovery Lending DAO LLC ("Trustee") is about to take legal and equitable title to the following described real estate, together with all appurtenant rights and personal property now used in the general operation of the real estate, located in the County of Cuyahoga, State of Ohio. SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF APN# 002-35-096 Located at 1845 W 48th Street, Cleveland, Ohio 44102 ("Trust Property") When the Trustee has taken the title to the Trust Property, or title to any other property conveyed to it as Trustee under this Agreement, the Trustee shall hold such property, and the proceeds and profits from it, in trust for the ultimate use and benefit of the Beneficiaries and their successors or assigns. The Trustee shall protect and conserve title to the Trust Property until its sale or other disposition. The Trustee shall not manage or operate the Trust Property nor undertake any other activity not strictly necessary to the fulfillment of the purposes set forth above. The Trustee shall not transact business of any kind with respect to the Trust Property that may cause this Agreement to be deemed to be, or which may create the existence of a corporation (de facto or de jure); or a Massachusetts Trust, or any other type of business trust; or an association in the nature of a corporation; or a partnership or joint venture by or between the Beneficiaries, or by and between the Trustee and the Beneficiaries. Beneficiaries. Those parties named in Para. 5- a herein are the Beneficiaries of this Trust, and as such shall be entitled to all of the proceeds and profits of the Trust Property. Interests of Beneficiaries as Personal Property. The interests of any Beneficiary shall consist solely of a power of direction to the Trustee regarding the Trust Property; the right to receive or direct the disposition of the proceeds from the rentals and from the mortgages, sales, or other disposition of the Trust Property; the right to purchase, lease, manage, and control the Trust Property; and the obligation for expenses and disbursement relative to the property. The right to the proceeds and profits of the property shall be deemed to be personal property . In case of the death of any Beneficiary during the existence of this Trust, the Beneficiary's right and interest shall, except as specifically provided to the contrary in this Agreement, pass to the Beneficiary's executor or administrator. No Beneficiary now has, or shall subsequently at any time have, any right, title, or interest in or to any proportion of the real estate as such, either legal or equitable , nor in any other trust property. A Beneficiary hereunder has only an interest in the proceeds and profits, it being the intention of this instrument to vest the full legal and equitable title to the Trust Property exclusively in the Trustee. No Beneficiary shall have the right to require partition of any Trust Property. Death of Beneficiary. The death of any individual Beneficiary, or the merger, reorganization, or dissolution of any other corporate, partnership, or other form of Beneficiary shall not terminate the Trust nor in any manner affect the powers of the Trustee. Notice of Assignment of Beneficial Interests. No assignments of interests by a Beneficiary shall be binding on the Trustee until the original or duplicate copy of the assignment, in such form as the Trustee may approve, is delivered to the Trustee and the Trustee's acceptance is indicated on the assignment. Any assignment not delivered to the Trustee shall be void without notice to all subsequent assignees or purchasers. The Trustee shall also maintain and revise the following schedule to reflect any changes in ownership. SCHEDULE OF BENEFICIARIES Name: Yhome Nursing, LLC Address: 52 Point Pleasant Drive Palm Co ast, FL 32164 No assignment of any interest that includes the power to direct the Trustee to convey or otherwise deal with the Trust Property, as provided for in Paragraph 12 of this Agreement, shall be valid without the written approval of all the Beneficiaries. No person who is vested with such power of direction, but who is not a Beneficiary, shall assign such power without the written consent of all of the Beneficiaries. Should Beneficiaries opt to convey beneficial interest in this trust, Certificates evidencing the interests of the Beneficiaries may be issued by the Trustee in such form as it may approve, in which event the assignment of the interest shall be valid only upon the surrender of the Certificate, and in which event no assignee shall be entitled to recognition as a Beneficiary until such time as the original Certificate is surrendered to the Trustee along with a proper assignment and until a new Certificate has been issued. However, Certificates shall not be used in the event they would subject the Trust, the Trustee, or the Beneficiaries to state or federal securities regulations from which economical and non-restrictive exemptions would not be readily obtainable. Tax Returns. The Trustee shall not be obligated to file any income, profit, or other tax reports, schedules, or returns with respect to this Trust notwithstanding the provisions of Section 671 of the Internal Revenue Code of 1954 or any other applicable regulations. The Beneficiaries shall individually report and pay any and all taxes on the earnings and proceeds of the Trust Property or otherwise arising out of their respective interests. The Trustee shall make available, upon request by the Beneficiaries, accounting records of the Trust that pertain to their respective interests, which records the Trustee agrees to maintain . If it should be found necessary to file Form 1041 or other informational returns under Section 6031 of the Internal Revenue Code of 1954, or otherwise, the Trustee shall not be obligated to prepare the returns, although upon request from the Beneficiaries the Trustee shall, if necessary, sign the informational returns. Reimbursements and Indemnification of Trustee. In the event that the Trustee shall make any advance of money on account of this Trust or shall be made a party to any litigation on account of holding title to real estate in this Trust or in connection with this Trust, or in case the Trustee, either personally or as Trustee, shall be compelled to pay any sum of money on account of this Trust or any property included in this Trust, whether on account of breach of contract, injury to personal property, fines, failure to file tax returns, or penalties under any law or otherwise, the Beneficiaries, in accordance with their respective interests will, on demand, pay to the Trustee all such disbursements, advances, or payments made by the Trustee, together with the Trustee's expenses, including reasonable attorneys' fees, with interest at the rate of twelve percent (12%) per year, commencing upon the date of Trustee's disbursement of such funds, The Beneficiaries will indemnify and hold the Trustee and its agents harmless relative to any and all payments made or liabilities incurred by it for any reason whatsoever as a result of this Agreement, including, but not limited to, liability arising from the management of the Trust Property pursuant to a direction by the Beneficiaries. The Trustee shall be under no duty to convey or otherwise deal with the Trust Property until all of such advances, disbursements, payments and expenses made or incurred by the Trustee have been fully paid, together with interest. The Trustee shall not be required to advance or to pay out any money on account of this Trust or to commence or defend any legal proceedings involving this Trust or any property or interest held in trust unless the Trustee shall be furnished with sufficient funds or be satisfactorily indemnified. Reliance by Third Parties on Authority of Trustee. No third party dealing with the Trustee in regard to the Trust Property in any manner, nor any party to whom the Trust Property or any interest in the Trust Property is conveyed, contracted to be sold, leased, or mortgaged by the Trustee, shall be obliged to see to the proper handling, application, or disbursement of any moneys paid, or to inquire into the necessity or expediency of, or authority for, any act of the Trustee or as to the provisions of this Trust Agreement. Prohibition Against Recordation. This Agreement need not be recorded in the recorder's office of the county in which the Trust Property is situated, or elsewhere. However, in the event that any such recording shall occur, the recording shall not be considered as notice of the rights of any person derogatory to the title or powers of the Trustee. Resignations and Replacement of Trustee. Notwithstanding anything herein contained to the contrary, in the event that the Trustee shall die or become incapacitated, or shall undergo a dissolution, or if the Trustee shall become unwilling or unable to act for any reason, the following, in order of their listing (provided they shall be willing and able to act), shall be appointed as the successor Trustee with the same powers and duties of the predecessor Trustee: 1st Choice: An alternate Trustee to be designated by Trustee ( Ecosystems Asset Recovery Lending DAO LLC ) 2nd Choice: An alternate 3rd Party Trustee to be designated by the Beneficiary( ies ) her/his/their heirs and/or assigns. In the event that none of the above choices are available to serve as the successor Trustee, or in the event that no choices have been designated , the Beneficiaries may appoint an alternative successor Trustee that may also be a Beneficiary of this Trust. Upon such appointment, the trust property's title shall be vested in the successor Trustee with the same powers and duties of the predecessor Trustee, with all other provisions of this Trust remaining in full force and effect. The Trustee may resign at any time by sending at least a ten (10) day notice of its intention to do so by certified mail to each of the Beneficiaries at a mailing address last known to the Trustee. In the event of the Trustee's resignation, a successor or successors may be appointed by the Beneficiaries, by an instrument in writing that includes the endorsement of the successor Trustee, delivered to the resigning Trustee. The resigning Trustee shall then convey the Trust Property to the successor(s). In the event no successor Trustee is appointed within thirty days (30 days) from the date of the resignation, the resigning Trustee may convey the Trust Property to the Beneficiaries as tenants in common in accordance with their respective interests, and this Trust shall terminate at that time. Alternatively, the Trustee may, at its sole discretion, apply for appropriate relief in any court of competent jurisdiction . Notwithstanding the resignation or replacement of the Trustee, the Trustee (and the Trustee's estate, if applicable), shall continue to have a lien on the Trust Property for any unpaid costs and expenses, including reasonable attorneys' fees, and for reasonable compensation as may be otherwise provided for in this Agreement until such matters are resolved. Every successor Trustee appointed shall become fully vested with all the estate, property rights, titles, powers, trusts, duties and obligations of its, his, or their predecessor-in-trust. Powers and Duties of Trustee. So long as the Trustee is the sole owner of record of the real estate and any other property held by it under this Trust Agreement, it is understood and agreed by the parties to this Agreement and by any persons who may subsequently obtain an interest in this Agreement, that the Trustee will deal with the property only when authorized to do so in writing by all the Beneficiaries. Also, notwithstanding any change in