Form 26-45

Pursuant to Tex. Prop. Code § 113.018(c), a trustee may hire an agent with respect to real property transactions and delegate powers to the agent if the governing instrument does not expressly prohibit the trustee from hiring agents, even if the governing instrument does not affirmatively permit the trustee to hire or appoint agents. The powers listed in this form are those listed in Tex. Prop. Code § 113.018(c).

Appointment of Agent and Delegation of Duties by Trustee

Basic Information

Date:

Trust:

Trustee:

Trustee’s Mailing Address:

Settlor:

Agent:

Agent’s Mailing Address:

Termination Date:       This appointment terminates at the earlier of—

1.six months from the Effective Date;

2.the death or incapacity of the Trustee;

3.the resignation or removal of the Trustee; or

4.the following date: [specify date].

Property:      [All real property/The real property commonly known as [describe real property] and more particularly described as [include legal description of the real property], together with [describe personal property, if applicable].]

Terms of Appointment and Delegation

1.Trustee is a currently acting trustee of the Trust under an instrument executed on [date], and the Trust exists.

2.The Trust powers include at least all those trust powers granted a trustee by sub­chapter A, chapter 113, of the Texas Property Code.

3.Trustee appoints Agent to act for Trustee in accordance with the duties and powers set forth below:

a.execute and deliver any legal instruments relating to the sale and conveyance of the Property, including affidavits, notices, disclosures, waivers, or desig­nations or general or special warranty deeds binding the Trustee with ven­dor’s liens retained or disclaimed, as applicable, or transferred to a third-party lender;

b.accept notes, deeds of trust, or other legal instruments;

c.approve closing statements authorizing deductions from the sale price;

d.receive Trustee’s net sales proceeds by check payable to the Trustee;

e.indemnify and hold harmless any third party who accepts and acts under the power of attorney with respect to the sale;

f.take any action, including signing any document, necessary or appropriate to sell the Property and accomplish the delegated powers;

g.contract to purchase the Property for any price on any terms;

h.execute, deliver, or accept any legal instruments relating to the purchase of the Property or to any financing of the purchase, including deeds, notes, deeds of trust, guaranties, or closing statements;

i.approve closing statements authorizing payment of prorations and expenses;

j.pay the Trustee’s net purchase price from funds provided by the Trustee;

k.indemnify and hold harmless any third party who accepts and acts under the power of attorney with respect to the Purchase; or

l.take any action, including signing any document, necessary or appropriate to purchase the Property and accomplish the delegated powers.

4.Agent’s authority will begin on the Effective Date and end on the Termination Date unless sooner revoked in writing by Trustee [and furnished to the [seller/buyer/title com­pany] involved in the Property transaction].

5.Trustee certifies under penalties of perjury that the terms of the Trust do not pro­hibit the Trustee from hiring agents or otherwise delegating the Trustee’s duties.

A TRUSTEE WHO DELEGATES DUTIES AND POWERS IS LIABLE TO THE BENEFICIARIES OR TO THE TRUST FOR AN ACTION OF THE AGENT TO WHOM THE POWER IS DELEGATED.

A PERSON WHO IN GOOD FAITH ACCEPTS THIS DELEGATION WITHOUT ACTUAL KNOWLEDGE THAT THE DELEGATION IS VOID, INVALID, OR TERMI­NATED; THAT THE PURPORTED AGENT’S AUTHORITY IS VOID, INVALID, OR TERMINATED; OR THAT THE AGENT IS EXCEEDING OR IMPROPERLY EXERCIS­ING THE AGENT’S AUTHORITY MAY RELY ON THE DELEGATION AS IF (1) THE DELEGATION WERE GENUINE, VALID, AND STILL IN EFFECT; (2) THE AGENT’S AUTHORITY WERE GENUINE, VALID, AND STILL IN EFFECT; AND (3) THE AGENT HAD NOT EXCEEDED AND HAD PROPERLY EXERCISED THE AUTHOR­ITY.

   
[Name of trustee], trustee of the [name of       trust] trust

STATE OF TEXAS

COUNTY OF [county]

This instrument was acknowledged before me on [date] by [name of trustee], as trustee of [name of trust].

[SEAL]   
[Name of notary]
Notary Public, State of Texas
My commission expires: [date]