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First Amendment to the Amendment and Restatement of the Jeffrey E. Epstein 2014 Trust
This is the First Amendment to the Amendment and Restatement of the Jeffrey E. Epstein 2014
Trust dated May 1, 2015 (the "trust Agreement"), between JEFFREY E. EPSTEIN, as Grantor
("Grantor"), and DARREN K. INDYKE, JAMES E. STALEY and DAVID MITCHELL, as
Trustees ("Trustees").
In accordance with the right of amendment reserved by the Grantor in Article I, Section 1.3 of
the Trust Agreement, Grantor hereby amends the Trust Agreement as follows:
Article I, Section 1.3, A. is amended to read as follows: I reserve the right, at any time and from
time to time, to amend this trust agreement in whole or in part, by a written instrument executed
and acknowledged by me and delivered to no less than one Trustee of this Trust.
Article II, Section 2.3, A.12 is amended to read as follows: Two Million Dollars ($2,000,000.00)
to LUCIANO A. FONTANILLA, JR. and ROSALYN FONTANILLA, if at least one of them
survives me. If they both survive me, this bequest shall be shared equally. If only one survives
me, the entire amount shall be paid to that survivor. In addition, my Trustees are directed to
transfer the entire membership interest held by me, through Darren K. Indyke, as my nominee,
in Lyn & Jojo, LLC, a New York limited liability company, to LUCIANO A. FONTANILLA,
JR. and ROSALYN FONTANILLA, to be shared equally if they both survive me, or all to the
survivor if only one survives me. With respect to the interest in Lyn & Jojo, LLC, in the event
that neither survives me, the Trustees are directed to transfer the entire membership interest in
Lyn & Jojo, LLC to the lawful heirs of LUCIANO A. FONTANILLA, JR. and ROSALYN
FONTANILLA.
Article II, Section 2.3, A.13 is amended to read as follows: Five Million Dollars ($5,000,000.00)
to Richard D. Kahn, if he survives me.
The following provision shall be added to the Trust Agreement as Article II, Section 2.3, A.33:
I give t
Dollars
f she survives me, an amount equal to Forty Thousand
The following provision shall be added to the Trust Agreement as Article II, Section 2.3, A.34:
I give to
($90,000
if he survives me, an amount equal to Ninety Thousand Dollars
The following provision shall be added to the Trust Agreement as Article II, Section 2.3, A.35:
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I give to Janusz Banasiak, if he survives me, an amount equal to Fifty Eight Thousand Five
Hundred Dollars ($58,500.00) .
The following provision shall be added to the Trust Agreement as Article II, Section 2.3, A.36:
I give to
if he survives me, an amount equal to Two Hundred Thousand Dollars
($200,000.00), but only if
whether in his own name or on behalf of a separate
entity, continues to provide services to an entity directly or indirectly owned by me for a period
of two years following my death. Such bequest shall not be subject to Article II, Section 2.5.
The following provision shall be added to the Trust Agreement as Article II, Section 2.3, A.37:
I give to
if she survives me, an amount equal to Two Hundred Thousand Dollars
($200,000.00), but only if
whether in her own name or on behalf of a separate
entity, continues to provide services to an entity directly or indirectly owned by me for a period
of two years following my death. Such bequest shall not be subject to Article II, Section 2.5.
Article II, Section 2.3, A.26 shall be renumbered to A.32.
The following provision shall be added to the Trust Agreement as Article II, Section 2.3, A.26:
nil
-L
-7y
death, the Trustees of this Trust are directed to distribute t
r her heirs, successors or assigns, an am
mg debt,
=tuning accrued and unpaid interest the
FT Real
Estate, Inc. Said funds shall be distributed
r er ens, successors
or assigns, for the sole purpose of being u
g and due obligations
and liabilities.
The following language is added to Article II, Section 2.3, A.24 following the last sentence of
that section:
In addition, upon my death, the Trustees of this Trust are directed to distribute to
MICHELLE FERN SAIPHER, if she is then married to DARREN KEITH INDYKE, Three
Million Dollars ($3,000,000.00), which funds shall be distributed and used for the sole purposes
of repaying FT Real Estate, Inc. the funds it previously paid to KCAC, LLC in connection with a
real estate purchase contract between FT Real Estate, Inc., as purchaser, and KCAC, LLC, as
seller, for the purchase of the real property known as and located at 2 Kean Court in Livingston,
New Jersey, and terminating said real estate purchase contract ; provided, however, that such
distribution shall not be made if the transfer of such real property to FT Real Estate, Inc.
pursuant to such real estate purchase contract has been completed prior to the Grantor's death.
The following provision shall be added to the Trust Agreement as Article II, Section 2.5: Except
as expressly provided herein, no bequest to any beneficiary of this Trust Agreement that was
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employed by or provided services to me during my lifetime or any entity that was owned directly
or indirectly by me during my lifetime shall be distributed to said beneficiary prior to the
expiration of one (1) year following the date of my death.
Any beneficiary of this Trust Agreement that was employed by or provided services to me
during my lifetime or any entity that was owned directly or indirectly by me during my lifetime,
who, after my death, shall voluntarily discontinue, or as a result of said beneficiary's misconduct,
cause to be terminated, said beneficiary's employment with or provision of services to my estate
or said entity prior to the expiration of one (1) year following the date of my death, shall be
ineligible to receive any bequest hereunder; provided, however, that in the event that prior to the
expiration of one (1) year following the date of my death, there is a cessation in the specific
operations of my estate or said entity in respect of which said beneficiary is employed or
provides services, and prior to that cessation said beneficiary had not voluntarily discontinued, or
as a result of said beneficiary's misconduct, caused to be terminated, said beneficiary's
employment with or provision of services to my estate or said entity, then the Trustees shall
distribute the bequest hereunder to said beneficiary within sixty (60) days of the date of such
cessation or as soon as is reasonably practicable thereafter.
In all other respects, Grantor ratifies and confirms all the provisions of the Amendment and
Restatement of the Jeffrey E. Epstein 2014 Trust dated May 1, 2015 .
In Witness Whereof, the parties have executed this agreement in duplicate as of this i sT
day oftity -
, 20k .
ffrey E. Epstein,
CD=Vcsi /2.•=s1e.
Date
OS los icz.2c>i
Darren K. Indyke, Trustee
Date
es E. Staley, Trustee
CP -001-13
Date
Og-
IS
David Mitchell, Trustee
Date
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)
) ss:
)
The foregoing instrument was subscribed and sworn to before me this ISrday of Sp r , 2015 by
JEFFREY E. EPSTEIN, the Grantor, who is personally known to me or who has produced
as identification.
Sworn to before me this
I
day of Sepr-
, 2015.
Notary Public
)
)ss:
)
Erika A. Kellerhals
Notary Public LNP-11 44
Commission Expires 05129118
St. ThomasISt. John, USVI
The foregoing instrument was subscribed and sworn to before me this Pi ih
day of
Sap{-Gtn..b-cle--
, 2015, by DARREN K. INDYKE, a Trustee, who is personally known
to me or who has produced
as identification.
Sworn to before me this
75)11'day of Sze Ana win V-
2015.
Notary Public
HABIBE AVOW
No. 01AV6313116
Qualified In Richmond County
My Commission hones OCIODOI 14, 2018
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)
)ss:
COUNTY OF NEW
YORK
The foregoing instrument was subscribed and sworn to before me thiscNTiaay of
, 2015, by JAMES E. STALEY, a Trustee, who is personally known to me
or who has produced
as identification.
Swope to before me this
(hT.
(giay ota-I3leMbei(, 2015.
Notary Public
HABIBE AVDIU
No. 01AV6313116
Qualified In Richmond County
My Commission Expires October 14. 2014
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)
)ss:
COUNTY OF NEW
YORK
The foregoing instrument was subscribed and sworn to before me thisfP131day of
t)einni r kY
, 2015, by DAVID MITCHELL, a Trustee, who is personally known to
me or who has produced
as identification.
Sworn to before me this
02L1 day of,t0inial
r, 2015.
Notary Public
HABIBE AVOW
No. 01M/6313116
Qualified In Richmond County
My Commission Expires October 14, 201E
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