Charitable Remainder Trust - Michael Anthony Haynes Trust

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Transcript Charitable Remainder Trust - Michael Anthony Haynes Trust

Charitable Remainder Trust

 A Charity Remainder Trust is an irrevocable agreement in which a donor transfers assets to a trust in exchange for an income interest.

Every Charitable Remainder Trust must name one or more qualified charitable organizations– such as the

Michael A. Haynes Charitable Remainder Trust

Corp. /IRA– as the remainder beneficiaries.

 Every Charitable Remainder Trust must provide for specific annual payments to one or more individuals for the life or lives of the individuals or for a specified period of years.

  Every Charitable Remainder Trust must meet all the requirements of the applicable statutes.

  In its basic form, a charitable remainder trust consists of an arrangement between four parties: 1) a donor; 2) a trustee; 3) an income beneficiary, and 4) a charitable remainder beneficiary.

WHAT IS OUR AIM/FOCUS

Michael A. Haynes Charitable Remainder Trust

Corp. /IRA is devoted to the task of conquering some of our nation’s major housing crisis, and assisting

in project funding and asset protection.

  The Trust focuses on helping individuals (“low income, middle and upper class”) remain in their homes while they try to work out alternative ways of meeting their mortgage obligations herby preventing displacements of families, giving them Relief from Foreclosure and an  opportunity to work on Upside Down Mortgages among other services.

 We offer assistance in funding various projects that will enhance the way of life and our environment. Individuals are able to protect their asset by form of donation to the trust and  getting a tax relief.

  Our program is supported mainly through tax planned gifts, trusts and donations.

 This information is to help you to understand that we can assist you in planning and arranging your charitable gift to provide the greatest personal satisfaction and financial rewards for any gifts, trust or donations you may want to consider.

BENEFITS TO THE DONOR

 The charitable remainder trust has become a familiar tool in the gift planner’s toolbox, and property gift is one of the most common items by a donor to the CRT.  If the trust is qualified there are several tax benefits that the tax law provides.

  CRT’s are flexible enough to solve a myriad of donor charitable, financial, and non-financial problems. A best practice is to use a CRT to accomplish multiple donor goals. For example: 

 · Increase cash flow  · maximize charitable giving            · Avoid capital gain taxes · Diversify concentrated stock or other liquid assets · Plan the donor’s estate · Reduce income gift and or estate taxes · Transfer money to heirs · Preserve wealth for the family · Cancel debt · Assist in building credit · Stop negative credit · Stop foreclosure · Stop sheriff sales etc.

THE POWER OF THE CRT

 The present value of the charitable remainder can be immediately deducted as a charitable contribution for income, gift, and estate tax purposes.

  Much of the power behind the CRT is based on its tax exempt status and irrevocable nature.

  All this is deemed by the Internal Revenue codes with the advice of licensed professionals, in each area of expertise such as CPA, CFP, CHFC and Attorneys with their legal counsel.

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FLOWCHART

1 Homeowner donates property to trust Trusts acknowledgement of donation, prepare receipt, rental contract, option to purchase form (3-5 yrs.) in case of Short sale home owner has option to purchase the home at market value or, Where there’s a forgiveness of the note the owner utilizes the same option but only pays trust fees and lawyer fees.

Trust signs over property back to homeowner.

Homeowner receives home, clear title and free of all encumbrances. 3 2

CONTENTS OF OUR PACKAGE

 1. Information about CRT  2. Flow Chart  3. Hold Harmless Agreement  4. Rental Contract  5. Option to Purchase property  6. Corrective Warranty Deed  7. Trust Receipt

MICHAEL A. HAYNES CHARITABLE Remainder TRUST CORP./IRA HOLD HARMLESS AGREEMENT

           1. In consideration for participating in _Michael A. Haynes Charitable Remainder Trust Corp./IRA and other valuable consideration, I __________________________hereby RELEASE, WAIVE, CONVENANT NOT TO SUE AND DISCHARGE , the Michael A. Haynes Charitable Remainder Trust Corp./IRA the State of Florida, their officers, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise.

2. To the best of my knowledge, I can fully participate in this program. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in this program, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.

3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in this program, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.

5. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

IN WITNESS WHEREOF, I have hereunto set my hand on this ___ day of ____________, 2011.

_______________________________________ Donor ________________________________________ Donor

                                  

RENTAL AGREEMENT

By this agreement made at 1003 Ellicott St. Tampa, Fl. 33603, on the

day of _____________________, 2012,

the Landlord _Michael Anthony Haynes Charitable Remainder Trust Corp./IRA__ and the Tenants _________________________________________ agree as follows: 1. PROPERTY The landlord hereby rents to Tenant for the term of this agreement a. the property located at: ________ ____, City ____________, State Florida Zip _____________ b. the following furniture and appliances on that property: _N/A_ 2. TERM The term of this rental contract is for 3 years, beginning on ________________, _ 2012, and ending on __________________, ___, 2015.

At the expiration of said term, the rental contract will automatically be renewed for a period of one month unless either party notifies the other of its intention to terminate the contract at least one month before its expiration date.

(or) At the expiration of said term, the contract will expire unless the tenant gives a written notice at least 15 days before the termination date of the contract. Thereafter, the rental contract will automatically be renewed for periods of one month until either party notifies the other of its intention to terminate the contract. The notice of termination will be in writing and will be effective on the next rental date no less than 30 days after the date of the notice.

3. RENT Tenant agrees to pay rent in the amount of $, per month, each payment due on the _____ day of each month and to be made to:

The account provided to tenant as directed by the landlord

4. UTILITIES/SERVICES Tenant is responsible to pay the utilities and services indicated: Electricity, gas, water, garbage collection snow removal, and others 5. DEPOSIT Tenant has paid a deposit of $ acknowledges receipt (which includes first month, last month rent and $ miscellaneous fees) of which Landlord .

6. INVENTORY CHECKLIST: N/A

                        7. THE PARTIES ALSO AGREE A. Tenant shall not sublease nor assign the premises without the written consent of the Landlord (but this consent shall not be withheld unreasonably).

B. The Landlord may not enter the premises without having given tenant at least 24 hours notice, except in case of emergency. Landlord may enter to inspect, repair, or show the premises to prospective buyers or tenants if notice is given.

C. Tenant agrees to occupy the premises and shall keep the same good condition, and shall not make any alternations thereon without the written consent of the landlord.

D. Landlord agrees to regularly maintain the building and grounds in a clean, orderly, and neat manner. Landlord further agrees not to maintain a public nuisance and not to conduct business or commercial activities on the premises.

E. Tenant agrees not to use the premises in such a manner as to disturb the peace and quiet of other tenants in the building. Tenant further agrees not to maintain a public nuisance and not to conduct business or commercial activities on the premises.

F. Tenant shall, upon termination of this Agreement, vacate and return the dwelling in the same condition that it was received, less reasonable wear and tear, and other damages beyond the Tenant’s control.

G. Any alternations to this Agreement shall be in writing and signed by all parties. We, the undersigned, agree to this Lease: LANDLORD TENANT TENANT _________________________ _________________________ ___________________ Signature Signature Michael A. Haynes____________ ________________________ Print Name Print Name Print Name _________________________ _________________________ __________________ Address Address Signature

______________

Address _________________________ _________________________ __________________

MICHAEL A. HAYNES CHARITABLE Remainder TRUST CORP. /IRA  

OPTION TO PURCHASE REAL ESTATE

                                   This Option agreement is entered into between

Michael A. Haynes Charitable Remainder Trust Corp./IRA

Hereinafter called option seller

Michael A. Haynes

and

_____________________

/or, hereinafter called Option Buyer.

The property address is

,

City__________

,

State

Florida

Zip__________ Now, for consideration of the sum of

$10.00

receipt of which is acknowledged, option buyer and option seller agree to the following matters: 1. That Option Seller agrees to grant to Option Buyer the exclusive option to purchase the above referenced property from Option Seller.

2.

Option Period:

That the option period will be three to five (3-5) years after the option seller and option buyer have signed this agreement.

3.

Terms of proposed contract for sale and purchase

: At the end of the option period. If buyer chooses to exercise this option, buyer and seller will enter into a sale and purchase agreement bearing the following terms: Property purchase price:

To be determined by future Market Analysis

Total to be paid to seller for this option:

$10.00

Down payment to seller:

$0

Balance: To be paid at closing

Disclosure that a notice of this agreement will be recorded

Buyer is aware that seller will be investing a large amount of time and money in fulfilling the terms of this agreement and that in order to protect seller’s legal interest,

a notice of this agreement

will be recorded at the County’s Real Estate Recording Office immediately.

Option Seller -------------------------------------Date--------------------------- Michael A. Haynes Option Buyer -------------------------------------Date--------------------------- Option Buyer -------------------------------------Date----------------------------

                         Parcel ID:

Prepared By: URBAN ASSISTANCE LAW FIRM P.O. Box 450131, Ft. Lauderdale, Fl. 33345

Mail To:

MICHAEL A. HAYNES CHARITABLE REMAINDER TRUST CORP./IRA 1003 Ellicott St. Tampa, Fl. 33603 CORRECTIVE WARRANTY DEED

WARRANTY DEED, executed this 8

Grantor(s), whose address is _

TH day of JANUARY, 2012, by and between , State Florida Zip

, husband and wife, hereafter

_and MICHAEL A. HAYNES CHARITABLE REMAINDER TRUST CORP./IRA, hereafter Grantee(s), whose address is 1003 Ellicott St. Tampa, Fl. 33603.

WITNESSETH, that the Grantor(s) does hereby grant, bargain, sell and convey unto the Grantee, assigns and successors, all title, right, claim and interest, free and clear with warranty covenants, the real estate located in the City of __________________, County of , State of FLORIDA , described as (legal description) of which the street address is _ , City , State Florida Zip__________ to the Grantee(s) for the value and consideration of TEN AND 00/100 ($ 10 ) DOLLARS and other good and valuable consideration, of which the receipt is hereby acknowledged and received in hand. TO HAVE AND TO HOLD THE SAME, together with all appurtenant rights, title and interest thereto belonging forever. Grantor will FOREVER WARRANT AND DEFEND that the title to said property is good, indefeasible in fee simple and free and clear of encumbrances EXCEPT, taxes and assessments not yet due, restrictions, covenants and easements of record. IN WITNESS WHEREOF, the Grantor has signed, sealed, and executed this deed on the day, month and year above.

Grantor/Donor Sign: _________________________________ Grantor/Donor Sign:______________________ Print Name

Print Name

Witness Sign:_______________________________________ Witness ___________________________________

Print Name Print Name

 State or Province of______________________ County of______________________________ This instrument was acknowledged this ____________ day of ______________________ 20________, before me, _______________________________________________________, a Notary Public in and for said County and State, ________________________________________, personally known to me based upon satisfactory evidence to be the person(s) whose name(s) are given within the instrument and acknowledged to me that said person executed it.

______________________________________

Notary Public Signature

____________________ Printed Notary Signature

Official Stamp/Seal

 Cleve Alexander  Michael Haynes

THANK YOU