2026-06-26 - Docs for 108 Burton St SW.pdf

Tom's Properties LLC Petitioner V City Of Grand Rapids Respondent · 26-002485-TT

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CITY 

ASSESSOR 

CITY OF GRAND RAPIDS 

May 22, 2026 

TOM'S PROPERTIES LLC 

25761 LE PARC UNIT 42 

LAKE FOREST, CA 92603 

Re: 

1818 Division Ave S (41-18-06-351-003) 

1316 Alpine Ave NW (41-13-13-351-028) 

1322 Alpine Ave NW (41-13-13-351-011) 

840 Lafayette Ave SE (41-14-31-330-008) 

1007 Sheridan Ave SW (41-13-36-380-021) 

108 Burton St SW (41-17-12-226-009) 

Dear Property Owner: 

The Assessor's Office was recently made aware of a transfer of ownership, dated December 02, 

2025, on the above named properties. 

A transfer of ownership is defined in MCL 211.27a. This 

part of the statute reads: 

“Upon a transfer of ownership of property after 1994, the property's taxable value for the calendar 

year following the year of the transfer is the property's state equalized valuation for the calendar 

year following the transfer.” 

This means that the taxable value becomes “uncapped” the year following the transfer of 

ownership, causing an increase in property taxes. This change is reflected on the enclosed Michigan 

Department of Treasury form “Assessor Affidavit Regarding Uncapping of Taxable Value” for year 

2026. Upon receipt of this affidavit, the City Treasurer will issue a statement for additional taxes. 

This action can be appealed to the Michigan Tax Tribunal by filing an appeal within 35 days of 

receipt of this notice. Appeal forms are available online at www.michigan.gov/taxtrib. 

If you have 

any questions, please contact me at 616-456-3154. Thank you. 

Sincerely, 

Hap Po 

Lindsey Post 

Acting City Assessor 

City of Grand Rapids 

enc 

PHONE (B16) 456-3081 

« FAX [618] 456-4608 

ASSESSORGRE@GRCITY.US 

+ GRANDRARIDSMILGOV 

300 MONROE AVENUE, NW 

« GRAND RAPIDS, MI 489503

Michigan Department of Treasury 

L-4054 (08-09) 

ASSESSOR AFFIDAVIT REGARDING "UNCAPPING" OF TAXABLE VALUE 

The changes in Taxable Value recorded on this affidavit are related to the "Uncapping" of Taxable Value due 

to a failure on the part of the transferee (buyer) to timely file the Property Transfer Affidavit (form L-4260). 

In accordance with the authority identified in Section 27b of the General Property Tax Act (P.A. 206 of 1893, as amended), a correction 

has been made in the Taxable Value of the following described Real/Personal property: 

41-17-12-226-009 

(Parcel Identification Number) 

located in the City of 

Grand Rapids 

. This is a corr

(Tax Year) 

2026 

 A

Correction of Taxable Value Due to Transfer of Ownership 

School Code 

HOMESTEAD AND QUALIFIED AGRICULTURAL 

NON-HOMESTEAD AND NON-QU

41010 

Amount of 

Amount 

Grand Rapids School District 

Before Correction 

Increase/Decrease 

Corrected 

Before Correction 

Increase/Dec

2 

rLas pe 

TRS 

I Tee 

BUA 

State Equalized Valuation 

Ee Ee: 

rE 

fs 

80,600 TEST

Taxable Valuation 

28,433 

Taxing Unit 

HOMESTEAD AND QUALIFIED AGRICULTURAL 

NON-HOMESTEAD AND NON-QU

Amount of 

Amount 

Before Correction 

Increase/Decrease 

Corrected 

Before Correction 

Increase/Dec

Kent County 

- 

Intermediate School District 

- 

Grand Rapids Community College 

5 

State Education Tax 

- 

Local School Operating 

- 

Local School Supplemental (<=18) 

Local School Supplemental (>=18) 

Local School Enhancement 

Local School Debt 

- 

City of Grand Rapids 

= 

Interurban Transit 

- 

Total 

2 

NOTE: The levy section of this affidavit does not include collection fees, penalties, and interest. These must be added, when applicable, by the Treasurer. 

1, Lindsey Post, being the certified assessor for the City of Grand Rapids, do hereby affirm that the above information is true, to the best of my

(Certification No. 

BENS 

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Copied to: préperty owned Equalization Department, County Treasurer, and the Treasurers of all affected Taxing Units.

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Assessor

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THE TOM FAHLAND REVOCABLE LIVING TRUST 

This TRUST AGREEMENT is entered into this FEBRUARY 4, 2021, by and 

between TOM FAHLAND hereinafter sometimes called "Trustee," and TOM 

FAHLAND hereinafter sometimes called "Trustor” or “Settlor.” The name of this 

Trust is THE TOM FAHLAND REVOCABLE LIVING TRUST. 

ARTICLE 

| 

IDENTIFICATION OF TRUSTOR'S CHILDREN 

1.1 

Children of TOM FAHLAND. Trustor has no children, either living or 

deceased. 

ARTICLE li 

IDENTIFICATION OF TRUST PROPERTY 

21 

Trust Property. The Settlor/Trustor have transferred and delivered, 

or will transfer and deliver, to the Trustee, without consideration, the property 

described in Schedule A attached hereto. 

Additional property, which 

is acceptable 

to the Trustee, whether real, 

personal or mixed, or any interest therein, may be transferred to this Trust by the 

Trustor or any other person. 

Such property added to the Trust after the date of 

execution shall be listed in Schedule B. The Trustee agrees to hold, manage, and 

distribute the property described in Schedule A, and all other property hereafter 

received, as hereinafter provided. The term "Trust Estate” shall refer to all property 

transferred into this Trust, whether real, personal or mixed, prior to division into 

any other trusts. 

ARTICLE Ill 

OPERATION OF TRUST DURING LIFETIME OF TRUSTOR 

3.1 

Distribution During Lifetime of Trustor. 

The net income from the 

property shall be paid in monthly or other convenient installments to or for the 

benefit of the Trustor during his lifetime. 

Page 1 of 23

b)) 

In addition to the net income as delineated above, the Trustee shall 

distribute out of the principal of the Trust Estate to or for the benefit of the Trustor, 

such sums as the Trustor shall request. 

3.2 

Trustor's Power to Amend or Revoke. The Trustor, while competent, 

may amend this Trust and any amendment thereto 

by agreement 

in writing 

executed by Trustor and the Trustee. After the death of the Trustor, this Trust may 

not be amended. After the death of the Trustor, this Trust shall be irrevocable. 

3.3 

Trustor's Power to Act as Trustee While Competent. 

Trustor shall 

have the power to act as Trustee while such Trustor is physically and/or mentally 

able to do so. 

If circumstances indicate that the Trustor is physically and/or 

mentally unable to act as a Trustee, then the competent Trustor shall act as sole 

Trustee of THE TOM FAHLAND REVOCABLE LIVING TRUST. 

At such time as the disabled Trustor is again competent and able to act as 

Trustee, said Trustor shall then regain the power to act as Trustee. 

If circumstances indicate that Trustor is physically and/or mentally unable 

to act as Trustee, then the Trustor herein grant the sole and exclusive power to 

JOYCE LEE to act as Trustee. 

If he or she is unwilling or unable to act as Trustee 

of this Trust, then JOHN FAHLAND shall be appointed to act as Trustee of this 

Trust. 

If he or she is unwilling or unable to act as Trustee of this Trust, then a 

corporate Trustee may be selected to administer this Trust. 

While the Successor Trustee is acting as Trustee, he shall cause the Trustor 

to be examined monthly or at more frequent times by a qualified physician and if 

the physician shall determine that the Trustor is again competent to act as Trustee, 

than said Trustor shall regain the power to act as Trustee. 

ARTICLE IV 

OPERATION OF TRUST AFTER TRUSTOR'S DEATH 

4.1 

Nomination 

_of Trustee. 

Upon the death of the Trustor (“the 

Decedent”), JOYCE LEE, shall be appointed to act as Trustee of this Trust. 

If he 

or she is unwilling or unable to act as Trustee of this Trust, then JOHN FAHLAND, 

shall be appointed to act as Trustee of this Trust. 

If he or she is unwilling or unable 

to act as Trustee of this Trust, then 

a corporate Trustee may be selected to 

distribute this Trust. 

4.2 

Payment of Administration Expenses. 

Upon the death of the Trustor ("the 

Decedent"), the Trustee, 

in the Trustee's discretion, may pay out of the Trust 

Estate the Decedent's expenses, debts, and taxes, and administrate the Trust for 

others as hereinafter provided. 

Page 2 of 23

4.3 

In Terrorem Clause. 

If any beneficiary named 

in this ARTICLE IV 

contests or attacks this Trust or any of its provisions in any manner, whether 

directly or indirectly, any share or interest 

in the Trust Estate given to such 

contesting beneficiary under this Trust is revoked and shall be disposed of in the 

same manner provided herein as if such contesting beneficiary had predeceased 

the Trustor without issue. 

4.4 

Distribution of Trust 

(a) 

Upon the death of the Trustor, and after payment of the items 

in ARTICLE IV 4.2, the Trust shall be distributed as follows: 

THE SPECIFIC DISTRIBUTIONS SET FORTH AS EXHIBIT C; 

TO JOHN FAHLAND - $100,000; 

TO DAWN YOUNG - $100,000; 

TO JOYCE LEE — THE REMAINDER OF THE ESTATE. 

IF 

JOYCE LEE PREDECEASES THE TRUSTOR, HER SHARE 

SHALL 

BE 

EQUALLY 

DIVIDED 

BETWEEN 

HER 

CHILDREN. 

SHOULD ANY CHILD 

OF JOYCE 

LEE 

PREDECEASE JOYCE LEE, THAT CHILD’S PORTION OF 

THE ESTATE SHALL BE DISTRIBUTED TO JOYCE LEE’S 

SURVIVING CHILD. 

(b) 

If the above distribution cannot be made, the trustee shall 

distribute the undisposed of portion outright as follows: 

In equal 

shares to the heirs of surviving settlor according to the laws of the 

State of California. 

(©) 

Immediately upon 

the death 

of the surviving Trustor, the 

following individuals shall be disinherited, and they shall take nothing 

from this Trust estate: N/A 

4.5. Separate Share Trust for Issue. Each portion or share of the trust 

estate, or of the trust property of any other trust created by this trust instrument, 

that 

is allocated 

to 

a Separate Share Trust for Issue for the benefit of the 

beneficiary (as defined in subsection (a), below) when that beneficiary is under the 

age of thirty (30) years shall be held, administered, and distributed by the trustee 

as a separate trust, as follows: 

(a) Beneficiary. The beneficiary of this trust is the individual issue of 

a deceased child of the Trustor or the individual issue of the Trustor, 

as the case may be, for whom this trust is created pursuant to the 

other provisions of this trust instrument. 

Page 3 of 23

Page 4 of 23 

(b) Discretionary Payments. At any time or times during the trust 

term, the trustee shall pay to or apply for the benefit of the beneficiary 

as much of the net income and principal of the trust as the trustee 

deems proper for that beneficiary's health, education, support, and 

maintenance. 

in exercising discretion, the trustee shall give the 

consideration that the trustee deems proper to all other income and 

resources that are known to the trustee and that are readily available 

to the beneficiary for use for these purposes. All decisions of the 

trustee regarding payments under this subsection, if any, are within 

the trustee's, discretion and shall be final and incontestable by 

anyone. The trustee shall accumulate and add to principal any net 

income not distributed. The trustee may, at trustee's sole discretion, 

advance from the trust corpus of the beneficiary, funds for the 

purchase for the purchase of a real property residence or advance 

funds from the trust corpus for the establishment of a business 

enterprise. 

(c) Partial Distribution. If the primary beneficiary is under the age of 

Thirty (30) years of age, the trustee shall distribute the trust in the 

following manner: 

Age Twenty-One (21) years 

- 

Twenty-five percent of 

the trust corpus 

Age Twenty-Five (25) years 

- 

Twenty-five percent of 

the trust corpus 

Age Thirty (30) years 

- 

Balance of Trust estate 

free of the trust corpus 

(d) Distribution on Termination. The trust shall terminate on the 

beneficiary reaching 

30 years 

of age 

or on 

the death 

of the 

beneficiary, whichever occurs first. 

If the trust terminates on the 

beneficiary reaching 30 years of age, the trustee shall distribute the 

trust property (including all income then accrued but uncollected and 

all net income then remaining 

in the hands of the trustee) to the 

beneficiary outright. 

If the trust terminates on the death 

of the 

beneficiary, the trustee shall distribute the trust property to the then- 

living issue of the beneficiary in the manner provided in California 

Probate Code Section 240 or if the beneficiary has no issue then 

living, to the then-living issue of that deceased child who 

is the 

ancestor of the beneficiary, with those issue taking in the manner 

provided in California Probate Code Section 240.

ARTICLE V 

GENERAL TRUST POWERS 

51 

Powers of Trustee. To carry out the purposes of any ri 

nisl 

limitations stated elsewhere in this Trust Ag reement, the Trustee is vested wit 

be 

following powers with respect to the Trust Estate and any part of it, in addition 

to 

those powers now or hereafter conferred by law. 

52 

Power to Employ Consultants. The Trustee is authorized to employ 

and pay any custodian, investment advisor, accountant, attorney or any other 

agents to assist the Trustee in the administration of this Trust or any other trusts 

herein created, as the Trustee deems reasonably necessary. 

53 

Power to Commence or Defend Litigation. 

The Trustee shall have 

the power to commence or defend litigation with respect to the trust or any property 

of the Trust Estate as the Trustee may deem advisable, at the expense of the 

Trust. 

54 

Power to Compromise Claims. The Trustee shall have the power to 

compromise or otherwise adjust any claims or litigation against or in favor of the 

Trust. 

55 

Power to Hold Property in Name of Nominee. The Trustee shall have 

the power to register any property as follows: 

A. 

In its own name or that of its nominee; 

B. 

To hold it unregistered; or 

C. 

In such other form that the title shall pass by delivery, but without 

thereby increasing or decreasing its liability as Trustee, with or without disclosing 

any fiduciary relationship. 

56 

Power 

of Sale. 

Exchange. 

Repair, 

improvement 

and 

General 

Management of Trust Assets. 

The Trustee shall have the power to manage, 

control grant options 

on, 

sell 

(for cash 

or 

on deferred payments), 

convey, 

exchange, partition, divide, subdivide, improve and repair Trust property; and to 

create restrictions, easements and other servitudes, with or without consideration, 

for such 

price or prices and upon such terms as in the Trustee's judgment and 

discretion may be deemed in the best interest of the Trust and the beneficiaries 

there under, and to execute and deliver any deeds, receipts, releases, contracts, 

or other instruments necessary in connection therewith. 

5.7 

Power to Invest in Mineral Interests. 

The Trustee shall have the 

power to hold, buy, sell, or exchange oil and gas or other mineral properties 

Page 6 of 23

’) 

(including interests in deposits of other natural resources); to execute leases on 

such properties for periods extending beyond the term of the Trust; to execute sub- 

leases and farm-out agreements; to carve out or reserve such mineral interests as 

the Trustee deems advisable or expedient; to execute unitization and pooling 

agreements; to exchange undivided interests in mineral properties for interests in 

other properties; to renew existing loans or to refinance debts; to borrow money 

and to pledge mineral properties for a period of time extending beyond the duration 

of the Trust, 

5.8 

Power to Acquire and Maintain Unproductive Assets. 

The Trustee 

shall have the power to retain unproductive assets or to sell them in the Trustee's 

discretion; the Trustee shall not be required to apportion any principal to income, 

but may make an equitable apportionment to income if, in the sole discretion of the 

Trustee, itis necessary to prevent injustice. 

5.9 

Power to Acquire and Maintain Wasting Assets. 

The Trustee shall 

have the power to retain or to acquire wasting assets; the Trustee shall have no 

duty to sell wasting assets or to apportion any of the income there from (such as 

lease bonuses, or any depletable portion with respect to income from such assets) 

to principal, but the Trustee may transfer income from such wasting assets to 

principal in such amounts as the Trustee may, in the Trustee's sole discretion, from 

time to time determine. 

5.10 

Power to Operate a Business. The Trustee shall have the power to 

continue to participate in any business or other enterprise at the risk of the Trust 

Estate and to effect incorporation, dissolution or other change 

in the form of 

organization of the business or enterprise. 

5.11 

Power to Create Partnership or Organize Corporation. The Trustee 

shall have the power to transfer assets of any Trust created herein to a corporation 

in return for stock or securities of that corporation; to enter into a partnership 

agreement concerning any property which forms a part of a Trust created herein 

upon such terms and conditions as shall be in the best interest of the Trust and to 

transfer assets to a partnership pursuant to a partnership agreement; to hold or 

retain any partnership interest the Trustor may own at the date of the Trustor's 

death and to participate in any such partnership as the general or limited partner; 

to enter into agreements with the partners of any partnership in which the Trust 

created 

by 

this Declaration may have an 

interest 

in 

the organization 

of a 

corporation and the transfer of the partnership assets to such corporation on such 

terms as are in the best interest of the Trust. 

5.12 

Power to Invest Trust Estate. 

The Trustee shall have the power to 

invest and reinvest the Trust assets in every kind of property, real, personal, or 

mixed, and every kind of shares of investment trusts, investment companies and 

mutual funds and mortgage participations. The Trustee is authorized to buy, sell, 

and trade in securities of any nature, including short sales, sales on margin, and 

Page 6 of 23

for such purposes may maintain and operate accounts with brokers and may 

pledge any securities held or purchased by the Trustee with such brokers as 

security for loans and advances made to the Trustee. 

5.13 Power to Charge, Credit or Amortize Premium 

or Discount. 

In 

purchasing investments, the Trustee shall have the power to charge the premium 

he or credit the discount against principal, or to amortize said premium or said 

iscount. 

5.14 

Power to Manage Securities. 

With respect to securities held in the 

Trust, the Trustee shall have the power to have all rights, powers and privileges of 

an owner, including, but not by way of limitation, the power to vote, give proxies 

and pay assessments; to participate in the voting trusts, pooling agreements, 

foreclosures, reorganizations, consolidations, 

mergers, liquidations, sales and 

leases, and, incident to such participation, to deposit securities with and transfer 

title to any protective or other committee on such terms as the Trustee may deem 

advisable; and to exercise or sell stock and subscription or conversion rights. 

However, the Corporate Trustee may vote 

its own shares 

in the election 

of 

directors only in the manner determined and directed by the Trustor, if during the 

Trustor's lifetime. 

After the Trustor's death, the Corporate Trustee may vote as 

directed by the beneficiary or a majority of the beneficiaries of the Trust containing 

such shares. 

5.15 

Power to Invest in a Corporate Trustee's Own Stock. 

The Trustee 

shall have the power to retain as an investment all or any portion of the shares of 

the capital stock of a corporate trustee, or of any corporation which may own capital 

stock of the corporate trustee, which are originally received into the Trust, together 

with any additions thereto or substitutions therefore which may be acquired as a 

result 

of 

stock dividends, 

by 

exercising 

stock 

rights 

or through 

corporate 

reorganization. 

In connection with the retention of such stock, the duty of the 

Trustee to diversify the investments is hereby waived. 

5.16 

Power to Purchase Discount Treasury Bonds. 

The Trustee shall 

have the power to purchase, at less than par, obligations of the United States of 

America (“flower bonds") which are redeemable at par in payment of federal estate 

tax liability of the Trustor's estate in such amounts as the Trustee deems advisable. 

For this purpose, the Trustee may partition property in the Trust Estate and may 

make such purchases from such partitioned property. 

The Trustee may borrow 

funds and give security in order to effect a purchase and shall resolve any doubt 

concerning the desirability of making the purchase or its amount in favor of making 

the purchase and in purchasing a larger amount than may be necessary. 

The 

Trustee shall incur no liability for losses resulting from a decision to purchase or 

not to purchase, which is made in good faith. The Trustee is directed to use such 

bonds to the fullest possible extent in paying the federal estate tax obligation of the 

Trustor. 

Page 7 of 23

5.17 

Power to Invest in Life Insurance. The Trustee shall have the power 

to apply for, own, receive as a part of the Trust assets, hold, and/or pay premiums 

upon life insurance in any form and upon the life of any person or persons, as the 

Trustee may deem advisable. 

The Trustee is authorized to exercise all rights 

under such policies and no company issuing the same shall be required 

to 

determine the extent of the authority of the Trustee. 

5.18 

Power to Insure Trust Assets. The Trustee shall have the power to 

carry, at the expense of the Trust, insurance of such kinds and in such amounts 

as the Trustee deems advisable to protect the Trust Estate and the Trustee against 

any hazard. 

519 

Power to Advance Trustee's Own Funds to Trust. The Trustee shall 

have the power to loan or advance the Trustee's funds to the Trust for any Trust 

purpose, such advances with interest at the then current rate to constitute a first 

lien upon the entire Trust Estate and to be repaid out of Trust principal or income. 

520 

Power to Lend Trust Assets. 

The Trustee shall have the power to 

lend money to any person or persons, including partnerships, fiduciaries, and 

corporations, upon such terms and in such ways and with such security as the 

Trustee may deem advisable for the best interest of the Trust and the beneficiaries 

hereunder. 

5.21 

Power to Borrow and Pledge Trust Assets. The Trustee shall have 

the power to borrow money from others or from another Trustee of this Trust, and 

to mortgage or pledge any of the assets of the Trust for that purpose, even though 

the term of the loan may extend beyond the term of the Trust, and to renew existing 

loans or to refinance debts. 

522 

Power to Budget. 

The Trustee shall have the power to budget the 

estimated annual income and expenses of the Trust in such manner as to equalize, 

as far as practicable, the periodic income payments to beneficiaries. 

523 

Power to Make Charitable Contributions. The Trustee shall have the 

power to make charitable contributions to organizations qualifying as exempt from 

taxation under Section 501(c) (3) of the Internal Revenue Code, as amended, 

which contributions would entitle the Trust to a charitable contribution deduction 

under Sections 170, 2055 and 2522 of the Internal Revenue Code of 1986, as 

amended. 

However, the Trustee shall not be authorized to make any such 

contributions unless such contributions are requested 

by the current income 

beneficiaries of this Trust. 

Further, the Trustee shall have the discretion to make 

such contributions only to such organizations as may be designated by the Trust's 

current income beneficiaries. However, even if such contributions are requested 

by said beneficiaries, the Trustee shall not be required to make such contributions 

unless the Trustee deems 

it advisable to do so. 

Further, 

if the Trustee is the 

Page 8 of 23

Trustor, this power may not be exercised in favor of a creditor of the Trustor or of 

the Trustor's estate. 

5.24 

Power to Manage Property Subsequently Transferred to Trust. The 

Trust Estate, except that part of the Trust Estate which may be used to fund any 

charitable trusts created by this document as may, by law, be prohibited from 

receiving additional contributions, may be increased from time to time by the 

addition of such cash or property acceptable to the Trustee, as may be added by 

the Trustor or any other person, with the consent of the Trustor and the Trustee, 

and the Trustee shall receive, hold, manage, invest and reinvest any such cash or 

property in accordance with the provisions of this Trust Agreement. 

ARTICLE VI 

MANAGEMENT POWERS 

6.1 

Division of Trust Assets. There need be no physical segregation or 

division of the various Trusts created herein, except as segregation or division may 

be required by the termination of any of the Trusts, but the Trustee shall keep 

separate accounts for the different undivided interests. At such time as the Trustee 

is required to make complete or partial distribution of a Trust, or to divide a Trust 

into parts, the Trustee is authorized, in the Trustee's discretion, to distribute or 

divide the Trust assets in kind or in cash, or partly in kind and partly in cash, in 

undivided interests or otherwise, and the Trustee is authorized to appraise and 

place values on the separate Trust assets and may use such values as the basis 

for distribution in kind or for division in kind. 

For this purpose, the Trustee may 

make such sales of the Trust property as the Trustee may deem necessary on 

such terms and conditions as the Trustee shall see fit. The power of the Trustee 

to convert assets into cash or other assets shall not terminate at the time required 

for distribution but shall continue for a reasonable time thereafter to assist the 

Trustee in making an orderly distribution of the assets comprising the Trust. 

6.2 

Consolidation of Trusts Where Beneficiaries’ Interests Are the Same. 

The Trustee shall have the power to consolidate any Trust created hereunder with 

another trust when the beneficiaries and his respective interests are the same, and 

when the provisions regarding investments and distributions of principal and 

income are substantially similar. 

6.3 

Transactions Between Trusts. 

The Trustee may loan or advance 

money, at the current rate of interest, from any Trust hereunder to any other Trust 

hereunder, and may sell and purchase assets between the Trusts hereunder, in 

the Trustee's discretion, subject always to the requirement that such transactions 

be for fair and adequate consideration. 

6.4 

Distributions Made to Minor Beneficiaries. Subject to the provisions 

of the paragraph entitled "Duration of Trust," the Trustee shall defer payment of 

any share of the Trust principal or income vesting in and payable to any person or 

Page 9 of 23

\ 

persons under age eighteen (18), hereinafter referred to as "minor," until the 

person reaches age twenty-one (21), but the Trustee, in the Trustee's discretion, 

may apply to the use of such minor so much of the principal or income thereof as 

the Trustee may deem advisable. The Trustee may make payment of any pr incipal 

or income applicable to the use of the minor. 

A. 

By paying the same to a guardian or other person having the care or 

control of the minor whose receipt shall be a full discharge for any such payment, 

B. 

By paying it to a Custodian under the Uniform Gift to Minors Act for 

the minor, whose receipt shall be a full discharge for any such payment; or 

, 

C. 

By spending 

it in such manner as the Trustee, 

in the Trustee's 

discretion, believes will benefit such minor, including the payment to the minor 

directly of such sums as the Trustee may approve as an allowance. 

6.5 

Distributions Made to Disabled Beneficiaries. 

If, 

in the Trustee's 

opinion, any beneficiary is under a legal disability by reason of illness or mental or 

physical 

disability, 

though 

not 

adjudged 

incompetent, 

and 

such 

disabled 

beneficiary is unable to wisely use or disburse such payment or distribution made 

to him or her under the provisions of this Trust, then the Trustee may make such 

payment or distribution for the benefit of such disabled beneficiary in one or more 

of the following ways: 

A. 

Directly to such beneficiary; 

B. 

To the duly qualified legal representative of such beneficiary; 

C. 

To a relative or friend of such beneficiary; or 

D. 

By the Trustee using such payment directly for the benefit of such 

beneficiary. 

Distribution by any one or more of the foregoing methods shall 

operate as a complete acquaintance of the duties of the Trustee to make such 

payment or distribution. 

6.6 

Determination of Principal and Income Governed 

by State Law. 

Except as otherwise specifically provided for in this instrument, the determination 

of all matters with respect to what is principal and income of the Trust Estate and 

the apportionment and allocation of receipt and expenses between these accounts 

shall be governed by the provisions of the California Principal and Income Law 

from time to time existing. Any such matter not provided for the in this Trust or in 

the Principal and Income Law shall be determined by the Trustee in the Trustee's 

discretion. 

6.7 

Sources 

of Distribution. 

The Trustee shall have the power to 

designate the source of any distribution, as between income and principal, and to 

allocate different classes of income to different beneficiaries, in equal or varied 

proportions, and to specify the amount of each class of income distributed and to 

whom so distributed. 

Page 10 of 23

= 

6.8 

Power to Adjust for Tax Consequences. The Trustee shall have the 

power, in the Trustee's absolute discretion, to take any action and to make any 

election to minimize the tax liabilities of this Trust and its beneficiaries, or between 

the Income and principal accounts, to allocate and apportion the Federal and State 

income 

tax 

deductions 

for 

depletion 

and 

depreciation 

(and 

for 

any 

other 

apportionable tax deduction) to a Trust or to the income distributee or distributees 

thereof. 

In allocating or apportioning such tax deductions, or 

in designating the 

source of any income distributed or 

accumulated, the Trustee may take into 

consideration the respective income tax benefits available there from 

to the 

distributee or distributees and to the Trust, from information furnished or known to 

the Trustee, to compensate for the consequence of any tax election or any 

investment or administration decision that the Trustee believes has had the effect 

of directly or indirectly preferring one 

beneficiary or group of beneficiaries over 

others. 

6.9 

Income Accrued or Undistributed. 

Income accrued or unpaid on 

Trust property when received into the Trust shall be treated as any other income. 

Income accrued or held undistributed by the Trustee at the termination of any Trust 

created hereunder shall go to the next beneficiaries of the Trust in proportion to 

his interest in the Trust. 

The Trustee shall not be required to prorate taxes and 

other current expenses to the date of distribution. 

6.10 

Accountings to Beneficiaries. Any and all accountings shall be made 

annually or at other reasonable intervals as determined by the Trustee, to the 

beneficiaries of the Trust, or to his legal guardians or conservators, or to the 

parents or guardians of any minor beneficiaries. 

Unless one or more of the 

beneficiaries (or parent, guardian or conservator) shall deliver a written objection 

to the Trustee within ninety (90) days of receipt of the Trustee's account, the 

account shall be deemed settled and shall be final and conclusive in respect to 

transactions disclosed in the account as to all beneficiaries. 

After settlement of the account by reason of the expiration of the ninety (90) day 

period referred to above, or by agreement of the parties, the Trustee shall no longer 

be liable to any beneficiary of the Trust, including unborn and unascertained 

beneficiaries, in respect to transactions disclosed in the account except for the 

Trustee's intentional wrongdoing or fraud. 

6.11 

No Accounting Required 

to 

a Court. The Trustee shall 

not be 

required to account to any court for the administration of the Trust Estate created 

herein, 

but shall furnish periodic reports of the administration 

to those aduit 

beneficiaries entitled to the income from the said Trusts, for the period in question. 

6.12 

No 

Equitable Adjustment Required Between 

Beneficiaries After 

Administration Expenses Charged Against an Item of Trust Property. 

In the event 

the Trustee should determine to charge any item of administration expense against 

any gift made hereunder and 

to accordingly reduce the amount of property 

Page 11 of 23

otherwise passing pursuant to such gift, no adjustment shall be required to be 

made among the beneficiaries of property passing under the Trustor's Will by 

reason of any such charge, 

6.13 

Ear 

rminati 

i 

llowe 

i 

micall 

easonable 

D 

0 

Diminished 

Valu 

rus 

ggets. 

Notwithstanding any other provision contained herein, the Trustee may terminate 

any Trust created hereunder if, in the discretion of the Trustee, the assets are of 

such 

a small value that 

it 

is longer economically reasonable to continue the 

existence of such Trust. 

In the event of termination under the provisions of this 

paragraph and upon the date thereof, the entire Trust shall be distributed to those 

persons then entitled 

to the income and/or principal from such Trust 

in the 

proportion that such income and/or principal is distributable, or if the income and/or 

principal is distributable among a class of beneficiaries in the discretion of the 

Trustee, then equally to the members of such class. Upon such distribution, the 

Trust shall terminate, and the Trustee shall not be liable or responsible to any 

person or persons for such action, nor shall the Trustee be liable for refusing at 

any time to terminate a Trust pursuant to the provisions of this paragraph. 

ARTICLE VII 

FIDUCIARY STANDARDS AND POWERS 

7.1 

Fiduciary Standard. The Trustee shall have the power to act freely 

under all or any of the powers given to the Trustee in all matters concerning the 

Trusts herein created, after forming a judgment based upon all the circumstances 

of any particular situation as to the wisest and best course to pursue in the best 

interest of the Trusts and the beneficiaries hereunder, without the necessity of 

obtaining the consent or permission of any person interested therein or of any 

court, and notwithstanding that the Trustee may also be acting as Trustee of other 

trusts, or as agent for other persons or corporations interested in the same matters. 

However, the Trustee shall exercise such powers at all times in a fiduciary capacity 

primarily in the best interest of the beneficiaries hereunder. 

No Trustee shall deal 

with any person with respect to any of the Trust assets for less than an adequate 

consideration in money or money's worth. 

7.2 

Exoneration Clause. The Trustee shall be and hereby is absolved 

and exonerated from any individual responsibility or liabllity for any loss which may 

result to any property passing under this Trust or otherwise than under this Trust 

or which may result to any person in connection with the exercise of non-exercise 

of the powers, authority or elections granted to the Trustee under this Trust or 

conferred by law, so long as the Trustee shall have been acting In good faith and 

without gross negligence. 

Page 12 of 23

7.3 

Power to Delegate Ministerial Duties. 

A Trustee may delegate to 

another Trustee or to others any nondiscretionary power, including, but not limited 

to, the power singly or with others, 

to the opening of checking and savings 

accounts 

in banks, 

and savings and 

loan associations, and other financial 

institutions, to sign checks, withdrawal slips, instructions for the receipt or delivery 

of securities or other property and instructions for the payment or the receipt of 

money, as well as the power singly or with others to have access to any safe 

deposit box or other place in which the property of any Trust created pursuant to 

this Trust is deposited. 

7.4 

Rights. Powers and Privileges of Trustee. 

The enumeration 

of 

certain powers of the Trustee shall not limit the Trustee's general powers, and the 

Trustee, subject always to the discharge of fiduciary obligations, is vested with and 

shall have the rights, powers and privileges that an absolute owner of the same 

property would have. 

75 

Release 

of Powers. The Trustee shall have the power to release or 

to restrict the scope of any power that he may hold in connection with the Trust 

created herein, whether such power is expressly granted herein or implied by law. 

7.6 

Trustee's Fee and Bond. 

Any Trustee named or appointed in this 

Trust shall be entitled to reasonable compensation. 

No bond shall be required of 

any Trustee specifically named in this Trust, named by the Trustor during life, or 

named by consent of the Trustor's living issue, should there be any such living 

issue, after the death of the Trustor. 

7.7 

Requirement That Corporate Trustee Consult with The Trustor. 

If 

ever there is a fiduciary (hereinafter referred to as "Fiduciary"), other than the 

Trustor, serving as sole Trustee, the Fiduciary 

is directed to consult with the 

Trustor from time to time regarding the sale or purchase of Trust assets and the 

general investment strategy of the Trust. The Fiduciary shall not be liable for any 

loss sustained by the purchase or sale of Trust property made at the direction of 

the Trustor. 

7.8 

Ancillary Trustee. 

In the event any property which is or may become 

a part of the Trust Estate is situated in any State other than California, and if the 

Trustee is not qualified to act as a trustee in such State, the Trustee is empowered 

to name an individual or corporate trustee qualified 

to act 

in such State 

in 

connection with the property situated in such State as Ancillary Trustee of such 

property, and require such security as may be designated by the Trustee. 

The Ancillary Trustee shall have the rights, powers, discretion and duties as are 

delegated 

to 

it by the Trustee but shall exercise the same subject to such 

limitations or further directions of the Trustee as shall be specified in the instrument 

evidencing the appointment of the Ancillary Trustee. Such Ancillary Trustee shall 

be answerable to the Trustee for all monies, assets and other properties that may 

Page 13 of 23

be received by 

it in connection with the administration of such properties. The 

Trustee may, in the Trustee's discretion, remove an Ancillary Trustee and appoint 

a successor at any time and from time to time as to any of the assets. 

ARTICLE VIII 

MISCELLANEOUS POWERS. RIGHTS AND OBLIGATIONS 

OF PARTIES TO THIS TRUST 

8.1 

 Fiduciary's Power to Invade Principal for Trustor. If the Trustor acts 

as 

a Co-Trustee with another individual 

or entity (hereinafter referred to as 

"Fiduciary") of any Trust created herein the power to determine payments of 

income or the power to invade principal for the benefit of any beneficiary of this 

Trust shall be exercised solely by the Fiduciary. 

If the Fiduciary shall determine 

that a payment of income or the invasion of principal is or is not warranted, such 

Fiduciary shall incur no liability to any income beneficiary or remainderman of this 

Trust for the payment or non-payment of such income or principal. 

8.2 

Special Provisions with Respect to Use of Trust Assets. The Trustee 

is authorized, in the Trustee's discretion: 

A. 

To lend assets of this Trust to the personal representative of the 

Trustor's estate upon such terms and conditions as are fair and equitable to this 

Trust and the beneficiaries hereunder, to be used by such personal representative 

in paying taxes, claims, administration expenses of debts of the Trustor's estate; 

or 

B. 

To use funds of this Trust to purchase assets from the Trustor's 

estate at a fair price and upon such terms as the Trustee deems advisable for the 

protection of the beneficiaries hereunder and for the convenience of the personal 

representative of the Trustor's estate; or 

C. 

To pay estate, inheritance, transfer or succession taxes, claims, 

administration expenses or debts of the Trustor's estate, to the extent such items 

are not paid by the personal representative of the Trustor's estate. 

It 

is not 

intended that the personal representative or any beneficiary of the Trustor's estate 

shall have any right or apportionment or claim over and against the Trustee for the 

payment of any debts, claims, taxes or expenses payable out of the Trustor's 

probate estate. 

In exercising the powers under this paragraph, the Trustee shall 

not use the proceeds of any payment received into this Trust from a qualified 

pension or profit-sharing plan. 

All other provisions of this Trust providing for the 

distribution of Trust income or principal, after the Trustor's death, are subject to the 

right of the Trustee to withhold in whole or in part such distributions, pending the 

determination by the Trustee of the actions to be taken under this paragraph. 

Page 14 of 23

8.3 

 Trustor's Right to Use and Occupy 

Residential Property. 

If at any 

time, the Trust Estate shall contain any improved real property actually used or 

suitable for occupancy as a residence, or any interest therein, the Trustor shall 

have the right to do so, free of rent. 

The Trustee shall pay the property taxes, 

assessments, liens, insurance, repairs and other charges or amounts necessary 

forthe general upkeep and reasonable improvement of the property out of principal 

or income of the Trust Estate containing such home as the Trustee shall determine. 

The Trustee, in the Trustee's discretion, may sell said property and replace it or 

rent or lease another residence suitable for the Trustor as the Trustee deems 

appropriate. 

84 

Trustor's 

Intent 

to 

Create 

Spendthrift 

Trusts. 

Prior 

to 

any 

beneficiary's actual receipt of income or principal from this Trust, the following shall 

be applicable: 

oo 

A. 

No beneficiary's interest created hereunder, whether in income or in 

principal shall be subject to pledge, assignment, sale or transfer in any manner. 

B. 

No beneficiary shall have power in any manner to anticipate, charge, 

or encumber his or her interest in income or in principal. 

C. 

No interest of any beneficiary shall be liable or subject in any manner, 

while 

in 

the possession 

of the Trustee, 

for the debts, 

contracts, 

liabilities, 

engagements or torts of such beneficiary. 

8.5 

Beneficiaries’ Responsibility to Provide Actual Written 

Notice 

of 

Events Affecting His Respective Interests. Unless the Trustee shall have received 

actual written notice of the occurrence of an event affecting the beneficiary interest 

of this Trust, the Trustee shall not be liable to any beneficiary of this Trust for 

distribution made as though such event had not occurred. 

ARTICLE IX 

CONSTRUCTION. PURPOSE, AND DEFINITIONS 

9.1 

Construction and Purpose. 

The primary purpose 

of this Trust 

Agreement is to provide for the income beneficiaries, and the rights and interests 

of remaindermen 

are subordinate 

to that purpose. 

The provisions 

of this 

Agreement shall be construed liberally in the interest of and for the benefit of the 

income beneficiaries. 

9.2 

Savings Clause. Notwithstanding anything to the contrary contained 

in this Trust, there shall be no allocation or distribution of property or charge against 

any property or any bequest made hereunder which would cause any portion of 

any marital deduction, charitable deduction, 

or orphan’s exclusion otherwise 

allowable to the Trustor's estate to be disallowed. Any such power, discretion, or 

Page 15 of 23

authorization that would cause such disallowance shall be null and void with 

i to any marital deduction, charitable deduction, 

or orphans exclusion 

property. 

In the event any clause or provision of this Trust provesto be or is adjudged invalid 

for any reason, then such invalid or void clause or provision shall not affect the 

whole of this instrument, but the balance of the provisions hereof shall remain 

operative and shall be carried into effect insofar as legally possible. 

9.3 

Definition of “Issue.” "Child." or "Descendants." As used herein, the 

terms “issue,” "child," or "descendant" shall refer to lineal descendants of all 

degree, and the terms "child" and “children” shall include adopted persons. 

9.4 

Definition of "Natural Children." As used herein the terms "natural 

child" or "natural children" shall refer to blood related children or legally adopted 

children, but it shall not refer to stepchildren. 

9.5 

Definition of "Education." Whenever provision 

is made herein for 

payment of the education of a beneficiary, the term "education" shall be construed 

to include, without limitation, vocational, college and post-graduate study, so long 

as pursued to advantage by the beneficiary, in an institution of the beneficiary's 

choice; and in determining payments to be made for such vocational, college or 

post-graduate education, the Trustee shall take into consideration the beneficiary's 

related living expenses to the extent that they are reasonable. 

9.6 

Number and Gender; Headings. 

As used herein, the masculine, 

feminine or neuter gender, and the singular or plural number, shall each be 

deemed to include the others whenever the context so indicates. The headings in 

this instrument are inserted 

for convenience 

of reference and 

are not to be 

considered in the construction thereof. 

9.7 

Duration of Trust. A Trust created herein shall terminate when all the 

Trust assets shall have been fully distributed as herein before provided, which date 

of termination shall not in any event be later than twenty-one (21) years after the 

death of the survivor of any beneficiary in being at the date of the death of the 

Trustor. 

In the event of termination under the provisions of this paragraph and 

upon the date thereof, the entire Trust shall be distributed to those persons then 

entitled to the income from such Trust in the proportion that such income 

is 

distributable, or if the income is distributable among a class of beneficiaries in the 

discretion of the Trustee, then equally to the members of such class, regardless of 

the age which any distributee otherwise entitled shall have attained. 

9.8 

Counterparts. 

This Trust may be executed 

in any number 

of 

counterparts and each shall constitute an original of one and the same instrument. 

ARTICLE X 

Page 16 of 23

GOVERNING LAW 

10.1 

Governing Law. This Trust has been accepted by the Trustee in the 

State of California, and its validity, construction and all rights there under shall be 

governed by the laws of that State. 

SIGNING 

Ratification and Execution by Trustor 

| certify that 

| have read the foregoing Declaration of Trust and that 

it 

correctly states the terms and conditions under which the Trust Estate is to be held, 

managed, and disposed of by the Trustee. 

| approve the Declaration of Trust in 

all particulars and request that the Trustee execute it. 

EXECUTED this FEBRUARY 4, 2021, in Orange County, California. 

DPA 

TOM FAHLAND Trustor 

Ratification and Execution by Trustee 

| certify that: 

1. 

| am the person named as Trustee in the foregoing Declaration of 

Trust; 

2. 

| have read the foregoing Declaration of Trust and 

it correctly sets 

forth the terms and conditions under which the Trustee named in 

it shall hold, 

administer and distribute the Trust Estate described in it; and 

3. 

| confirm, ratify, and approve such Declaration of Trust. 

EXECUTED this FEBRUARY 4, 2021, in Orange County, California. 

Fon Tolle 

TOM FAHLAND, Trustee 

Page 17 of 23

CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT 

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the 

document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 

State of California 

) 

) 

ss. 

County of Orange 

) 

On FEBRUARY 4, 2021 before me, Dianna M. Heck, a Notary Public, personally 

appeared TOM FAHLAND, who proved to me on the basis of satisfactory evidence 

to be the person whose name 

is subscribed 

to the within instrument and 

acknowledged to me that he/she executed the same in his/her authorized capacity, 

and that by his/her signature on the instrument the person or the entity upon behalf 

of which the person acted, executed the instrument. 

| certify under PENALTY OF PERJURY under the laws of the State of California 

that the foregoing paragraph is true and correct. 

{oe mem, 

| 

Su) 

WITNESS my hand and official seal. 

les 

Orange County 

Ni 

4 

Commission #2300050 

/) 

{ 

My Comm, Expires Aug 3, 2023 

} 

Signature 

AANA 7h . Kot 

(Seal) 

Dianna M. Heck 

Page 18 of 23

1 

 

ASSIGNMENT OF MEMBERSHIP INTEREST 

in 

TOM'S PROPERTIES, LLC 

This Assignment of Membership Interest (this "Assignment") is made as of December 2, 2025 

(the "Effective Date"), by The Tom Fahland Revocable Living Trust ("Assignor") and Joyce 

Lee ("Assignee"). 

WITNESSETH: 

WHEREAS, Tom Fahland ("Decedent") passed away on September 14, 2025; 

WHEREAS, at the time of his death, Decedent was the Trustor and Trustee of The Tom 

Fahland Revocable Living Trust (the "Trust"), a revocable living trust created under the laws 

of the State of California pursuant to Trust Agreement dated February 4, 2021; 

WHEREAS, pursuant to that certain Assignment of Membership Interest in Tom's Properties, 

LLC dated in March 2021, Decedent, in his individual capacity, assigned 100% of the 

membership interest in Tom's Properties, LLC, a Michigan limited liability company (the 

"Company"), to the Trust; 

WHEREAS, the Trust currently owns 100% of the membership interest (the "Interest") in 

the Company as represented by 100 units in the Company (the "Assigned Interest"); 

WHEREAS, the Trust owns real property located in Michigan through the Company; 

WHEREAS, pursuant to Article IV, Section 4.4 of the Trust Agreement, JOYCE LEE is 

designated as the remainder beneficiary entitled to receive the remainder of the Trust Estate 

following the payment of specific bequests and upon the death of the Trustor; 

WHEREAS, the Assignor desires to distribute and transfer all of its right, title and interest in 

and to the Assigned Interest to Assignee as a distribution to the Trust beneficiary pursuant to 

the terms of the Trust Agreement, and Assignee desires to accept such distribution; 

WHEREAS, this Assignment is made as a distribution from the Trust to the Trust beneficiary 

pursuant to the terms of the Trust Agreement and not as a sale or other transfer for 

consideration; 

WHEREAS, the Manager of the Company consents to the assignment and transfer of the 

Assigned Interest to Assignee as set forth in this Assignment; and 

WHEREAS, these recitals are incorporated into and made a part of this Assignment for all 

purposes; 

NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt 

and sufficiency of which are hereby acknowledged, upon the terms, provisions and conditions 

set forth in this Assignment, Assignor does hereby assign, transfer, set over and deliver unto 

Assignee, as well as Assignees successors and assigns, the Assigned Interest, together with all 

of the right, title, and interest of Assignor in and to the business, properties and assets of the 

Company by virtue of such Assigned Interest, with full power and authority to collect, receive 

and give acquittance of any sum or sums to become due to Assignor by virtue of the Assigned 

Interest on and after the Effective Date. Assignor expressly transfers to Assignee the right to 

be admitted as a Substituted Member in the Company. 

1. Distribution from Trust to Beneficiary. This Assignment is made as a distribution 

from The Tom Fahland Revocable Living Trust to Joyce Lee as the designated 

Doc ID: 5a610828d209958ac876547fba0360f7c070edef

2 

 

remainder beneficiary pursuant to Article IV, Section 4.4 of the Trust Agreement dated 

February 4, 2021. This transfer is not a sale or transfer for consideration, but rather a 

distribution of trust assets to the trust beneficiary following the death of the Trustor. 

2. No Consideration. This Assignment is made as a distribution to the trust beneficiary 

for no monetary consideration. The transfer is made pursuant to the terms of the Trust 

Agreement and in accordance with the Trustor's testamentary intent as expressed in the 

Trust Agreement. 

3. Assumption of Obligations. Assignee hereby covenants and agrees with Assignor to 

assume, pay, perform, and discharge punctually and promptly when the same shall 

become due and payable, or performable, as the case may be, all of the debts, 

obligations, contracts, commitments and liabilities of Assignor to the Company, if any, 

accruing on or after the Effective Date, and Assignee hereby agrees to execute and 

deliver to the Company any and all instruments required by the Company in connection 

with this Assignment or such assumption. 

4. Indemnification. Assignee further covenants and agrees to indemnify, defend and hold 

Assignor, as well as Assignor's successors and assigns, harmless from and against any 

and all claims, causes of action, losses, liabilities, damages, demands or obligations 

arising out of or in connection with the debts, obligations, contract, commitments and 

liabilities assumed by Assignee under this Assignment. 

5. Operating Agreement. By execution hereof, Assignee acknowledges that he/she has 

been furnished with a copy of that certain Operating Agreement of Company (the 

"Operating Agreement") which was executed by the Manager to be effective on 

February 22, 2012 and that he/she has read and understands the same, and Assignee 

agrees to be bound by the terms and provisions of the Operating Agreement. 

6. Manager. Nothing in this Assignment shall be deemed to assign any right or 

appointment as a manager of the Company. 

7. Assignor's Representations and Warranties. Assignor represents and warrants to 

Assignee that, as of the Effective Date: 

a. the Assigned Interest is being assigned and conveyed free and clear of all liens, 

security interests, claims and other encumbrances of any kind and that the 

Assigned Interest is not subject to any claim or setoff; 

b. Assignor has made all contributions required as a Member of the Company prior 

to the Effective Date and has otherwise paid and/or performed all other debts, 

obligations, contracts, commitments and liabilities of Assignor to the Company, 

if any, accruing before the Effective Date; and 

c. Assignor has full authority to distribute, assign and transfer the Assigned 

Interest to Assignee and no action contemplated by this Agreement shall 

constitute a breach of any other agreement of Assignor. 

8. Michigan Property Tax Affidavit. The parties acknowledge that this transfer may be 

subject to reporting requirements under Michigan law, and that Assignee shall be 

responsible for filing any required Property Transfer Affidavit (Form 2766) with the 

appropriate Michigan assessor. The parties intend that this transfer qualify as an exempt 

transfer under Michigan Compiled Laws Section 211.27a(7)(m) (transfer pursuant to a 

trust distribution) and/or Section 211.27a(7)(s) (transfer between related persons). 

Doc ID: 5a610828d209958ac876547fba0360f7c070edef

3 

 

9. Further Acts. Assignor and Assignee agree to execute, acknowledge and deliver any 

and all other documents or instruments necessary or appropriate in the future to better 

transfer, assign, convey and deliver the Assigned Interest. 

10. Binding Effect. This Assignment shall be binding upon and inure to the benefit of the 

parties hereto and their respective successors, assigns and legal representatives. 

11. Counterparts. This Assignment may be executed in two or more counterparts, each of 

which shall be deemed an original and all of which together shall constitute one 

instrument. 

12. Governing Law. This Assignment shall be governed by and construed in accordance 

with the laws of the State of Michigan. 

EXECUTED on the dates provided to be effective as of the Effective Date. 

ASSIGNOR: 

THE TOM FAHLAND REVOCABLE LIVING TRUST 

 

By: ___________________________________ 

Name: Joyce Lee 

Title: Successor Trustee 

ASSIGNEE: 

 

___________________________________ 

Joyce Lee, Remainder Beneficiary 

CONSENT TO ASSIGNMENT 

The undersigned, being the Manager of the Company, hereby consent to the foregoing 

assignment by The Tom Fahland Revocable Living Trust of all of its right, title and interest in 

and to the Assigned Interest to Joyce Lee. 

EXECUTED on the dates provided to be effective as of the Effective Date. 

 

___________________________________ 

Joyce Lee as Succesor Trustee of The Tom Fahland Revocable Living Trust, 

which is the sole member Tom’s Properties, LLC 

12 / 02 / 2025

12 / 02 / 2025

12 / 02 / 2025

Doc ID: 5a610828d209958ac876547fba0360f7c070edef

25.12.01 Assignment of Membership Interest Trust to Joyce...

25.12.01%20Assign...20Joyce%20Lee.pdf

5a610828d209958ac876547fba0360f7c070edef

MM / DD / YYYY

Signed

This document was requested from app.clio.com

12 / 02 / 2025

15:29:29 UTC

Sent for signature to Joyce Lee (joyce.lee2000@yahoo.com)

from owolbers@sbslawplc.com

IP: 50.192.105.213

12 / 02 / 2025

16:21:47 UTC

Viewed by Joyce Lee (joyce.lee2000@yahoo.com)

IP: 184.180.217.6

12 / 02 / 2025

16:22:17 UTC

Signed by Joyce Lee (joyce.lee2000@yahoo.com)

IP: 184.180.217.6

The document has been completed.

12 / 02 / 2025

16:22:17 UTC

CORRECTION TO ASSIGNMENT OF MEMBERSHIP INTEREST 

in 

TOM’S PROPERTIES. LLC 

This Correction 

to Assignment of Membership Interest (this “Correction” 

is made 

as 

of 

June 4th 

, 2026, by Joyce Lee, in her capacity as Successor Trustee of The Tom Fahland 

Revocable Living Trust (“Assignor”) and individually as Assignee (“Assignee”), with reference 

to that certain Assignment of Membership Interest in Tom’s Properties, LLC dated as of December 

2, 2025 (the “Original Assignment”). 

RECITALS 

WHEREAS, the Original Assignment distributed one hundred percent (100%) of the membership 

interest in Tom’s Properties, LLC, a Michigan limited liability company (the “Company”), from 

The Tom Fahland Revocable Living Trust (the “Trust”) to Joyce Lee, the surviving spouse of Tom 

Fahland (the “Decedent™), as a distribution from the Trust following the Decedent’s death on 

September 14, 2025, for no consideration; 

WHEREAS, Section 8 of the Original Assignment, captioned “Michigan Property Tax Affidavit,” 

contained statements regarding Michigan property tax reporting and the statutory basis for 

exemption from uncapping that the parties wish to correct to accurately reflect the parties’ intent 

and the applicable provisions of the Michigan General Property Tax Act, MCL 211.27a; 

WHEREAS, the parties intend by this Correction to amend and restate Section 8 of the Original 

Assignment, and that in all other respects the Original Assignment shall remain in full force and 

effect, effective as of its original December 2, 2025 effective date; 

NOW, THEREFORE, the parties agree as follows: 

1. 

Amendment and Restatement of Section 8. Section 

8 of the Original Assignment is 

hereby deleted in its entirety and replaced with the following: 

“8. 

Michigan Property Tax Treatment. The parties acknowledge that this 

Assignment conveys more than fifty percent (50%) of the membership interest in 

the Company and therefore constitutes a transfer of an ownership interest in a legal 

entity under MCL 211.27a(6)(h). The Company 

shall, unless notification 

is 

otherwise provided under MCL 211.27a(10), notify the assessing officer on the 

form provided by the State Tax Commission not more than forty-five (45) days 

after the Effective Date as required by MCL 211.27a(6)(h). The parties further 

acknowledge that, because this Assignment conveys only a membership interest in 

the Company and does not directly convey title to real property, no Property 

Transfer Affidavit (Form 2766) is required. 

Notwithstanding that this Assignment constitutes a transfer of ownership under 

MCL 211.27a(6)(h), the parties intend and assert that this Assignment is excepted 

from the definition of “transfer of ownership,” and shall not result in the uncapping 

of taxable value under MCL 211.27a(3), on the following independent grounds: (a) 

the Assignment is a transfer of property from a decedent to a surviving spouse under 

MCL 211.27a(7)(a); and (b) the Assignment is a conveyance by distribution from 

1

a trust to the spouse of the sole present beneficiary under MCL 211.27a(6)(d)(D), 

the Decedent having been the sole present beneficiary of the Trust during his 

lifetime and the Assignee being his surviving spouse.” 

2. 

Ratification. Except as expressly amended by this Correction, the Original Assignment 

remains unmodified and in full force and effect. This Correction is effective as of the 

Effective Date of the Original Assignment, December 2, 2025, and is intended to correct 

and clarify the parties’ original intent. 

3. 

Governing Law. This Correction shall be governed by and construed in accordance with 

the laws of the State of Michigan. 

4. 

Counterparts. This Correction may be executed in counterparts, each of which shall be 

deemed an original and all of which together shall constitute one instrument. 

EXECUTED on the date set forth below, effective as of the Effective Date of the Original 

Assignment. 

ASSIGNOR: 

THE TOM FAHLAND REVOCABLE LIVING TRUST 

By: 

Cl) 

Name: Joyce£ 

ee 

Title: WTETE is 

Date: 

4 / 1] 

ASSIGNEE: 

Ee 

bS 

[A notary public or other officer completing this certific ate) 

CA 

verifics only the identity of the individual ‘who signed the | 

[ 

Joyce Leoffudividuslly 

) 

) 

this certificate is 

attached, and not the | 

Date: 

5/ q [ab 

[tru hfulness, accuracy, 

or 

v a id ity of tha docum nt. 

| 

ACKNOWLEDGMENT 

State of Calift 

County of 

[an 

) 

on 

Jur aa Zo2e 

before me, 

Sandhva Chowhan-Pawar, Notary Public 

(insert name and title of the officer) 

personally appeared 

J oyce Lee 

who proved to me on the basis of sattéfactory evidence to be the person(s) whose name(s) ist are 

subscribed to the within instrument and acknowledged to me that he/she/they executed the same 

in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument 

the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 

2

I certify under PENALTY OF PERJURY under the laws of the State of California that the 

foregoing paragraph is true and correct. WITNESS my hand and official seal. 

> SDHYACHOWHANAWAR | 

Commission # 2440073 

Notary Public - Calforniz ~~ & 

ORANGE County 

£ 

My Comm. Expires MAR 29, 2027 4 

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