Trust Document

THIS DEED OF TRUST made the 26th day of February, 2001

between

The Kleinburg Wealth Management Group Ltd.

(hereinafter sometimes called the "Settlor")

OF THE FIRST PART

and

Barrie Martin
Of the City of Newmarket
In the Province of Ontario

Bruce Newton,
Of the City of Toronto
In the Province of Ontario

Roy Scaini,
Of the City of Vaughan
In the Province of Ontario

(hereinafter called the "Trustees")

OF THE SECOND PART

WHEREAS

the Settlor has assigned, transferred and delivered to the Trustees the sum of $1,000.00 (One Thousand Dollars) which, together with such further and other cash, securities or other property the Settlor may hereafter pay, assign, transfer, loan, deliver or convey to the Trustees the "Property" shall be held by the Trustees on terms set out herein.

WHEREAS

the Trustees have consented to act as trustees on behalf of a trust set up herein to be known as The Tema Conter Memorial Trust ( the "Trust" ) in accordance with the terms and provisions hereinafter set forth.

NOW THIS DEED WITNESSETH

that, in consideration of the premises and of the mutual covenants and agreements herein contained, it is mutually covenanted, agreed and acknowledged by and between the parties hereto that the Property and all other cash, securities or other property which the Settlor may at any time during the continuance of the trust, pay, assign, transfer, loan, deliver or convey to the Trustees and which the Trustees accept to be held upon the trusts hereinafter declared together with all income therefrom and accretions thereto and substitutions therefore, shall be held by the Trustees upon the trusts, terms and conditions hereinafter set forth.

APPOINMENT OF TRUSTEES

The Trustees and hereby appointed as the "Trustees" of the Trust in accordance with the terms of this agreement.

ESTABLISHMENT OF FUND

All contributions made to the Trust and any and all dividends received and interest earned thereon will be held by the Trustees, IN TRUST and will form the trust fund of the Trust. The trust fund will be administered and distributed in accordance with the provisions of the Trust Agreement and for the purposes set out herein.

DISTRIBUTIONS OUT OF FUND

The Trustees will from time-to-time, in accordance with the terms of this Agreement make distributions out of the Trust Fund.

INVESTMENT OF FUND

The Trustees will invest and reinvest the capital and income of the Trust Fund to the extent not required to be forthwith distributed.

LIMITATION OF LIABILITY

The Trustees will not bear any responsibility or be held liable for the making, retention or sale of any investment made by them nor for any loss to or diminution of the value of any part of the Trust Fund through market fluctuation, business failure or otherwise, except where such diminution or loss was caused by the Trustee's gross negligence, willful misconduct or fraud.

INSPECTION AND AUDIT

The Trustees will keep appropriate accounts and records for the Trust. Accounts and records relating to the Trust Fund will be open to inspection and audit at all reasonable times by all Trustees or by any person or persons designated in writing by the Trustees.

PURPOSE OF TRUST

The Trust shall be carried on without the purpose of gain and any profits or other accretions to the Trust shall be used in promoting its objects. The Trust is set up to administer the Tema Conter Memorial Award the purpose of which is to bring attention to Critical Incident Stress and its effects on emergency care workers. Applicants for the Tema Conter Memorial Award will be enrolled in a recognized paramedic program offered at the post-secondary level. The student must be enrolled on a full-time basis as defined by the educational institution offering the paramedic program. All applicants must submit a journal, essay or research paper clearly defining Critical Incident Stress and its effects on emergency care workers. All applications, journals, essays or research papers will be reviewed by a committee, which is designated by the Trustees. Finalists may be asked to participate in an interview with this committee. The Trustees will make a suitable monetary award on an annual basis. The Trustees in cooperation with the committee may amend the grant rules from time to time.

RESIGNATION AND REMOVAL OF TRUSTEES

A Trustee may resign at any time upon the provision of sixty (60) days' advance notice in writing to the other Trustees or upon such lesser period as may be mutually agreed to. The Settlor may remove any Trustee at any time and the Settlor shall be entitled to designate any replacement or additional Trustees.

DISPOSITION OF FUND ON TERMINATION OF TRUSTEESHIP

The Trustees may on a vote of the majority of them terminate the Trust at which time they shall distribute the Trust Fund in accordance with the terms hereof or in the alternative shall deliver the funds to the Public Trustee of Ontario.

TRUSTEES SHALL ACT BY WAY OF MAJORITY

Any action by the Trustees under the terms of the herein trust will require the approval of any two of the three trustees.

ADVICE

The Trustees may retain legal counsel and advisors, and rely and act upon the advice of counsel or advisors in reference to any matter connected herewith and shall not be liable for any mistake of fact or error of judgment or for any acts, omissions, defaults, errors, failure or misconduct of any kind on their part or on the part of any agent who it may reasonably employ in carrying out their obligations unless caused by the Trustee's willful misconduct, fraud or gross negligence.

INQUIRY AS TO AUTHORITY OF TRUSTEE

Any person dealing with the Trustees will be entitled to assume conclusively that the Trustees are fully and properly authorized to do any act which they may do hereunder and such person will not be required to make inquiry as to the authority of the Trustees to so act and will not be under any liability to anyone whomsoever for any act done hereunder pursuant to the written direction of the Trustees. Any such person will not be bound to inquire as to the disposition or application of any money or property paid to the Trustee or paid in accordance with the written directions of the Trustees.

COMPENSATION OF TRUSTEES

The Trustees will perform their duties hereunder and will be entitled to reasonable compensation and reimbursement made for any expenses incurred in connection with the exercise or performance with the powers and duties herein.

AMENDMENT OF THIS AGREEMENT

This Agreement may be amended in whole or in part from time-to-time or may be terminated at any time by an instrument in writing executed by all three Trustees.

GOVERNING LAW

This Trust Agreement and all amendments thereto will be construed and enforced in accordance with the laws of the Province of Ontario.

ENUREMENT

The rights and obligations of the Trustees pursuant to this Agreement will be binding upon and will enure to the benefit of the Trustees and their permitted successors and assigns. The rights and obligations of the Trustees under this Agreement may not be assigned.

IN WITNESS WHEREOF

the parties hereto have caused this Agreement to be executed as of 26th day of February, 2001 with such Agreement to have effect from the 26th day of February, 2001.

BARRIE MARTIN

BRUCE NEWTON

ROY SCAINI

THE KLEINBURG WEALTH MANAGEMENT GROUP LTD.
PER: VINCENT SAVOIA, President

	Tribute to Tema Mission Statement Trust Document Advisory Board & Trustees Financials Download our Brochure Public Service Announcement John's Story Testimonials & Facts "We help those who spend their lives helping you". - TCMT	Trust Document THIS DEED OF TRUST made the 26th day of February, 2001 between The Kleinburg Wealth Management Group Ltd. (hereinafter sometimes called the "Settlor") OF THE FIRST PART and Barrie Martin Of the City of Newmarket In the Province of Ontario Bruce Newton, Of the City of Toronto In the Province of Ontario Roy Scaini, Of the City of Vaughan In the Province of Ontario (hereinafter called the "Trustees") OF THE SECOND PART WHEREAS the Settlor has assigned, transferred and delivered to the Trustees the sum of $1,000.00 (One Thousand Dollars) which, together with such further and other cash, securities or other property the Settlor may hereafter pay, assign, transfer, loan, deliver or convey to the Trustees the "Property" shall be held by the Trustees on terms set out herein. WHEREAS the Trustees have consented to act as trustees on behalf of a trust set up herein to be known as The Tema Conter Memorial Trust ( the "Trust" ) in accordance with the terms and provisions hereinafter set forth. NOW THIS DEED WITNESSETH that, in consideration of the premises and of the mutual covenants and agreements herein contained, it is mutually covenanted, agreed and acknowledged by and between the parties hereto that the Property and all other cash, securities or other property which the Settlor may at any time during the continuance of the trust, pay, assign, transfer, loan, deliver or convey to the Trustees and which the Trustees accept to be held upon the trusts hereinafter declared together with all income therefrom and accretions thereto and substitutions therefore, shall be held by the Trustees upon the trusts, terms and conditions hereinafter set forth. APPOINMENT OF TRUSTEES The Trustees and hereby appointed as the "Trustees" of the Trust in accordance with the terms of this agreement. ESTABLISHMENT OF FUND All contributions made to the Trust and any and all dividends received and interest earned thereon will be held by the Trustees, IN TRUST and will form the trust fund of the Trust. The trust fund will be administered and distributed in accordance with the provisions of the Trust Agreement and for the purposes set out herein. DISTRIBUTIONS OUT OF FUND The Trustees will from time-to-time, in accordance with the terms of this Agreement make distributions out of the Trust Fund. INVESTMENT OF FUND The Trustees will invest and reinvest the capital and income of the Trust Fund to the extent not required to be forthwith distributed. LIMITATION OF LIABILITY The Trustees will not bear any responsibility or be held liable for the making, retention or sale of any investment made by them nor for any loss to or diminution of the value of any part of the Trust Fund through market fluctuation, business failure or otherwise, except where such diminution or loss was caused by the Trustee's gross negligence, willful misconduct or fraud. INSPECTION AND AUDIT The Trustees will keep appropriate accounts and records for the Trust. Accounts and records relating to the Trust Fund will be open to inspection and audit at all reasonable times by all Trustees or by any person or persons designated in writing by the Trustees. PURPOSE OF TRUST The Trust shall be carried on without the purpose of gain and any profits or other accretions to the Trust shall be used in promoting its objects. The Trust is set up to administer the Tema Conter Memorial Award the purpose of which is to bring attention to Critical Incident Stress and its effects on emergency care workers. Applicants for the Tema Conter Memorial Award will be enrolled in a recognized paramedic program offered at the post-secondary level. The student must be enrolled on a full-time basis as defined by the educational institution offering the paramedic program. All applicants must submit a journal, essay or research paper clearly defining Critical Incident Stress and its effects on emergency care workers. All applications, journals, essays or research papers will be reviewed by a committee, which is designated by the Trustees. Finalists may be asked to participate in an interview with this committee. The Trustees will make a suitable monetary award on an annual basis. The Trustees in cooperation with the committee may amend the grant rules from time to time. RESIGNATION AND REMOVAL OF TRUSTEES A Trustee may resign at any time upon the provision of sixty (60) days' advance notice in writing to the other Trustees or upon such lesser period as may be mutually agreed to. The Settlor may remove any Trustee at any time and the Settlor shall be entitled to designate any replacement or additional Trustees. DISPOSITION OF FUND ON TERMINATION OF TRUSTEESHIP The Trustees may on a vote of the majority of them terminate the Trust at which time they shall distribute the Trust Fund in accordance with the terms hereof or in the alternative shall deliver the funds to the Public Trustee of Ontario. TRUSTEES SHALL ACT BY WAY OF MAJORITY Any action by the Trustees under the terms of the herein trust will require the approval of any two of the three trustees. ADVICE The Trustees may retain legal counsel and advisors, and rely and act upon the advice of counsel or advisors in reference to any matter connected herewith and shall not be liable for any mistake of fact or error of judgment or for any acts, omissions, defaults, errors, failure or misconduct of any kind on their part or on the part of any agent who it may reasonably employ in carrying out their obligations unless caused by the Trustee's willful misconduct, fraud or gross negligence. INQUIRY AS TO AUTHORITY OF TRUSTEE Any person dealing with the Trustees will be entitled to assume conclusively that the Trustees are fully and properly authorized to do any act which they may do hereunder and such person will not be required to make inquiry as to the authority of the Trustees to so act and will not be under any liability to anyone whomsoever for any act done hereunder pursuant to the written direction of the Trustees. Any such person will not be bound to inquire as to the disposition or application of any money or property paid to the Trustee or paid in accordance with the written directions of the Trustees. COMPENSATION OF TRUSTEES The Trustees will perform their duties hereunder and will be entitled to reasonable compensation and reimbursement made for any expenses incurred in connection with the exercise or performance with the powers and duties herein. AMENDMENT OF THIS AGREEMENT This Agreement may be amended in whole or in part from time-to-time or may be terminated at any time by an instrument in writing executed by all three Trustees. GOVERNING LAW This Trust Agreement and all amendments thereto will be construed and enforced in accordance with the laws of the Province of Ontario. ENUREMENT The rights and obligations of the Trustees pursuant to this Agreement will be binding upon and will enure to the benefit of the Trustees and their permitted successors and assigns. The rights and obligations of the Trustees under this Agreement may not be assigned. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of 26th day of February, 2001 with such Agreement to have effect from the 26th day of February, 2001. BARRIE MARTIN BRUCE NEWTON ROY SCAINI THE KLEINBURG WEALTH MANAGEMENT GROUP LTD. PER: VINCENT SAVOIA, President back to top