Sample Language for Any Trust

1. The Trustee shall have the power to acquire and retain investments not regarded as traditional for trusts, including, without limitation, investments that would be forbidden or would be regarded as imprudent, improper or unlawful under 12 Del. C. § 3302, any applicable jurisdiction's "prudent person" or "prudent investor" rule, any rule or law concerning the duty of loyalty, any rule or law limiting, prescribing, or voiding or making voidable any interested party or self-dealing transaction, or any other rule or law which restricts a fiduciary's capacity to invest. 
2. Notwithstanding any duty otherwise existing hereunder or at law or in equity, in making investments the Trustee may disregard any or all of the following factors:
   1. Whether a particular investment, or the Trust investments collectively, will produce a reasonable rate of return or result in the preservation of principal.
   2. Whether the acquisition or retention of a particular investment, or Trust investments collectively, is consistent with the Trustee's duty of impartiality.  No duty of impartiality shall exist to the extent such duty would limit or preclude any exercise of the Trustee’s investment powers.
   3. Whether the acquisition or retention of a particular investment or any aspect of the administration of such investment violates any duty of loyalty or rule against self-dealing.  No duty of loyalty shall exist to the extent such duty would limit or preclude self-dealing transactions.
   4. Whether the Trust is diversified.  No duty to diversify shall exist.
   5. Whether any or all of the Trust investments would traditionally be classified as too risky or speculative for trusts.  The entire Trust may be so invested.  The Trustee shall have sole and absolute discretion in determining what constitutes acceptable risk and what constitutes proper investment strategy.
3. The purpose in granting the foregoing authority is to modify the "prudent person" rule, "prudent investor" rule, the application of 12 Del. C. § 3302 or statutory or common law duties of loyalty, impartiality, and diversification to the extent such duties otherwise would limit investment powers, or any similar rule or law which restricts a fiduciary’s ability to invest insofar as any such rule or law would prohibit an investment or investments because of one or more factors listed above, or any other factor relating to the nature of the investment itself.  Any such rule or law shall apply only to the extent that such law shall not be inconsistent with the broad investment provisions of this Trust Agreement.

The Trustee [(subject to the direction of the Distribution Advisor, if any),] may terminate and distribute any trust created under this Trust Agreement if (i) in its sole discretion, continuation of such Trust shall no longer be economically feasible, or (ii) continuance of the trust would defeat or substantially impair the purpose of the Trust.  Following such termination, the Trustee shall distribute the principal to the current beneficiaries of the trust in the proportions in which they are entitled to receive distributions, or if their interests are indefinite, to those persons per stirpes if they have a common ancestor, or if they have no common ancestor, then in equal shares.  Any decision made or action taken or omitted by the Trustee pursuant to the power granted in this Section shall be conclusive and binding on all beneficiaries and parties interested in the trust.