06/16/2021 Agreement STATE OF NEW YORK
SURROGATE'S couRT: COUNTY OF SUFFOLK
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In the Mailer of the Account of Proceedings of RICHARD RECEIPT, RELEASE AND
E.BORNE R, as Continuing Trustee of the Trust Created by : REFUNDING AGREEMENT
STEPHEN J. SMATLAK under aTrust Agreement dated File No.
May 12, 1995, as Amended.
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WHEREAS, by a Trust Agreement dated May 12, 1995, as amended and restated by an
instrument dated October 1, 2015 (collectively, the "Trust Agreement") between STEP[IEN J.
SMATLAK,as Grantor(the"Grantor")and STEP]IEN J. SMATLAK and RICHARD E. BORNER,
as Trustees, the Grantor created the Stephen J. Smallak Living Trust (the "Trust");
WHEREAS, a copy of the Trust Agreement is attached hereto as Exhibit "A";
WHERE-AS STEPI IL N J. SMATLAK, the Grantor and a Trustee of the Trust, died on July
15, 2020;
WHEREAS,RICHARD E.BORNER,as surviving Trustee,continues to administer the'l-rust
(the "Continuing Trustee");
Wlll---REAS, the Continuing Trustee has decided to make a partial distribution of Three
Million ($3,000,000.00) Dollars in proportionate shares to the six (6) remainder beneficiaries of the
Trust;
WIIE-REAS, in accordance therewith, the Continuing Trustee is desirous of making a partial
distribution of$150,000.00 to the MO ROE- COUNTY PUBLIC LIBRARY; and
WI IE-REAS, the undersigned, on behalf of the MONROF COUNTY PUBLIC LIBRARY,
desires to receive such distribution at this time.
NOW, TI IEREFORE:
1. The undersigned,on behalf of the MONROE COUNTY PUBLIC LIBRARY,
represents that it has not heretofore assigned, conveyed, hypothecated or otherwise encumbered or
alienated its interest in the Trust.
2. The undersigned,on behalf of the MONROE COUNTY PUBLIC LIBRARY,
hereby acknowledges receipt of the sum of One I lundred Fifty Thousand Dollars($150,000.00) from
the Continuing Trustee in partial satisfaction of its interest in the Trust.
3. The undersigned,on behalf of the MONROE COUNTY PUBLIC LIBRARY,
hereby for its successors and assigns acquits, releases and discharges said Continuing Trustee,
individually and as Trustee of the Trust, and his agents, heirs, successors and assigns, of and from
any and all claims, dues and demands and from all further liability and responsibility to the
MONROE- COUNTY PUBLIC LIBRARY with regard to the aforementioned payment on account.
4. In consideration for such distribution and the making thereof prior to the
conclusion of the administration of the Trust,the undersigned, on behalf of the MONROE COUNTY
PUBLIC LIBRARY, agrees that in the event and to the extent that the Continuing Trustee may
determine in his sole discretion that there has been an excess distribution to the MONROIS COUNTY
PUBLIC LIBRARY, whether by reason of claims against the Grantor, his estate and/or the Trust,
debts of the Grantor, taxes, other expenses or for any other reason whatsoever, within Thirty days
2
after being notified by the Continuing Trustee of the amount of such claimed excess, it will promptly
refund such claimed excess to the Continuing Trustee.
5. The undersigned,on behalf of the MONROE COUNTY PUBLIC LIBRARY,
also agrees that, in the event that it fails to refund the entire amount of such claimed excess before
the expiration of such Thirty-day period, it will reimburse the Continuing Trustee for all expenses
which the Continuing 'rrustce may reasonably incur in connection with the enforcement of the
provisions of this Agreement, including, without limitation, legal fees and disbursements.
IN WITNESS WHEREOF, the undersigned has caused this document to be executed on
behalf of the MONROE COUNTY PUBLIC LIBRARY on the day of
2021.
MONROE COI NTY PUBLIC LIBRARY
By:
Title:
Taxpayer Identification
No..............................
ACKNOWLEDGEMENT
STATE OF FLORIDA
ss.:
COUNTY OF ('Om�\e4-e-
On the day of "5+ in the year 2021, before me, the undersigned, a
Notary Public in and for said state,personally appeared 9-OM&A (30 SkSi I persanall known
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in bi.h(her
capacity as Admk%s;+foJvt of the MONROE COUN'ry PUBLIC LIBRARY,and that by his!hcr
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
�Aotary Public
........ ...... -
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East SeWoit,NY 11733
BURNER ro LAW GROUP, P. Cm 82 Mah Slmd
( )941-3434
WeWeTom Beach.NY 11978
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45 t 34th Shet Site#1203,
10001
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April 7,2021
Monroe t lie Library
700 Fleming t
Key West, FL 33040
.. Stcihcn J. Smatlak Livin T t
Dear Sir or .
e represent i r, Trustee of the Stephen J. Smatlak. Living t. He is
prepared to make a partial distribution to your r i ti of its residuary interest in the Trust.
n connection t the proposedistri ti ,enclosed are two execution copies of
proposed ei t and Refundingt(the"Agreement"). I review oc nt ,
if they meet with your approval, have an authorizedofficer sin each a e , affix
r i do 's seal and filli your taxpayer identification r on the same page.
document is then to be notarizedthe following page. The Notary Public should fill in the date
and county in which the documentis notarized in the space provided,sign his/her name and affix
his/her er .
Please return one executed Agreement to this office in the envelopeprovided. The
additional rec is for your records.
check in payment of your distribution will be mailed to you promptly allcr receipt oft e
executed c c t from o .
If you have any questions, please do not hesitate to call me,.
Al Y
Gina io Bitsimis
Enclosures
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