25D - AGMT RECORDKEEPING SVC 457 PLAN

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PBBT Trust Agreement Prudential THIS TRUST AGREEMENT is made by and between City of Santa Ana (hereinafter called the "Employer"), and Prudential Bank $ Trust, FSB, a federal savings bank with its principal office and place of business in the City of Hartford, Connecticut (hereinafter called the "Trustee"). WITNESSETH: WHEREAS, the Employer has established or adopted for its eligible employees the City of Santa Ana Deferred Compensation Plan Trust (hereinafter called the "Plan") and serves as the Plan administrator and named fiduciary; and WHEREAS, the Employer desires the Trustee to hold Plan funds and the Trustee is willing to hold such funds pursuant to the terms of this Trust Agreement; Kinn THFPFFr1PF in rnncirloratinn of tho nromicoc pnri miiti,al r:nvonante horoin rnntainorl, tho nartiac hereto do hereby mutually declare and agree as follows: Section 1: Establishment of Trust. (a) In order to carry out the purposes of the Pian, the Employer hereby creates and establishes a trust to be known as the City of Santa Ana Deferred Compensation Plan Trust (hereinafter called the "Trust" or 'Trust Fund"). The Trustee accepts this Trust and agrees to act as Trustee hereunder, but only on the terms and conditions set forth in this Trust Agreement. Subject to the terms and conditions of this Trust Agreement, all right, title and interest in and to the estate of the Trust Fund shall be vested exclusively in the Trustee. This Trust shall be effective on October 1, 2018 or, if later, the date executed on behalf of the Trustee. This Agreement will continue in effect for a period of three (3) years from the effective date of this Agreement, unless sooner terminated in accordance with the provisions of this Agreement. In addition, the Plan Sponsor may extend this Agreement for an additional two 2 year period. (b) The Trust Fund shall include only those assets which the Trustee accepts. Only assets actually received by the Trustee will become part of the Trust Fund. The Employer acknowledges and agrees that it is responsible for effectuating the transfer of any assets held by a prior trustee or custodian to the Trustee. All assets so received, together with the income therefrom and any other increment thereon, shall be held by the Trustee pursuant to the terms of this Trust Agreement without distinction between principal and income and without liability for the payment of interest thereon. Section 2: General Duties of the Employer: Indemnification. (a) The Employer shall control and manage the operation of the Plan. The Employer shall be responsible for determining benefit rights under the Plan, instructing the Trustee in the disbursement of benefits, investment management, soliciting stock voting instructions from participants, directing the Trustee in voting proxies and performing those plan administration functions specified in the Plan. (b) The Employer shall act as custodian with respect to promissory notes, mortgages and related documents given in connection with Plan loans, if any, and the Employer or its delegate shall hold in safekeeping all such promissory notes, mortgages and related documents. (c) The Trustee shall be fully protected and shall incur no liability in acting In reliance upon the instructions or directions of the Employer, or any delegate of the Employer. In addition, the Trustee shall be entitled to rely on directions given by a Plan participant, where the Plan provisions permit such direction. Any reference herein to directions or instructions from the Employer shall include directions or instructions from any delegate of the Employer or from a Plan participant, where the Plan provisions permit such direction. a 25D-33