Without limiting the authorityconferred by G.S. 36C‑8‑815, a trustee may:
(1) Collect and controltrust property and accept or reject additions to the trust property from asettlor or any other person;
(2) Invest and reinvesttrust property as the trustee considers advisable in accordance with the trust,and to acquire or sell property, for cash or on credit, at public or privatesale;
(3) Exchange, partition,or otherwise change the character of trust property;
(4) Deposit trust moneyin an account in a regulated financial services institution, including aninstitution operated by the trustee or an affiliate of the trustee uponcompliance with any applicable requirements for the deposit;
(5) Borrow money, withor without security, including from a corporate trustee's lending department,renew or modify loans, and mortgage or pledge trust property for a periodwithin or extending beyond the duration of the trust;
(6) With respect to aninterest in a proprietorship, partnership, limited liability company, businesstrust, corporation, venture, agricultural operation, or other form of businessor enterprise, form and transfer, assign, and convey to that form of businessor enterprise all or any part of the trust property in exchange for the stock,securities, or obligations of that form of business or enterprise, continue anybusiness or other enterprise, and take any action that may be taken byshareholders, members, or property owners, including merging, dissolving, or otherwisechanging the form of business organization, or contributing additional capital;
(7) With respect tostocks or other securities, exercise the rights of an absolute owner, includingthe right to:
a. Vote, or givegeneral or limited proxies to vote, with or without power of substitution, orenter into or continue a voting trust agreement, or execute waivers, consents,or objections with respect to those securities;
b. Hold a security inthe name of a nominee or in other form without disclosure of the trust so thattitle may pass by delivery;
c. Pay calls,assessments, and other sums chargeable or accruing against the securities, andsell or exercise stock subscription or conversion rights;
d. Deposit thesecurities with a depositary or other regulated financial service institution;and
e. Consent, directly orthrough a committee or other agent, to the merger, consolidation,reorganization, readjustment of capital or financial structure, lease, sale,dissolution, or liquidation of a business enterprise, and elect whether toparticipate as a member of a class in any litigation involving the securities;
(8) With respect to aninterest in real property, construct, or make ordinary or extraordinary repairsto, alterations to, or improvements in, buildings or other structures, demolishimprovements, raze existing party walls or buildings or erect new party wallsor buildings, subdivide or develop land, dedicate land to public use or grantpublic or private easements, and make or vacate plats and adjust boundaries,make contracts, licenses, leases, conveyances, or grants of every nature andkind with respect to crops, gravel, sand, oil, gas, timber and forest products,other usufructs or natural resources, and other benefits or incidents of thereal property;
(9) Enter into a leasefor any purpose as lessor or lessee, including a lease or other arrangement forexploration and removal of natural resources, with or without the option topurchase or renew, for a period within or extending beyond the duration of the trust;
(10) Grant an optioninvolving a sale, lease, or other disposition of trust property or acquire anoption for the acquisition of property, including an option exercisable beyondthe duration of the trust, and exercise an option so acquired;
(11) Insure the propertyof the trust against damage or loss and insure the trustee, the trustee'sagents, and beneficiaries against liability arising from the administration ofthe trust at the expense of the trust;
(12) Abandon, relinquishany or all rights to, or decline to administer property of no value or ofinsufficient benefit or value to the trust to justify its collection orcontinued administration;
(13) With respect topossible liability for violation of environmental law:
a. Inspect orinvestigate property the trustee holds or has been asked to hold, or propertyowned or operated by an organization in which the trustee holds or has beenasked to hold an interest, for the purpose of determining the application ofenvironmental law with respect to the property;
b. Take action toprevent, abate, or otherwise remedy any actual or potential violation of anyenvironmental law affecting property held directly or indirectly by thetrustee, whether taken before or after the assertion of a claim or theinitiation of governmental enforcement;
c. Repealed by SessionLaws 2009‑48, s. 17, effective October 1, 2009, and applicable torenunciations and powers of attorney executed on or after that date.
d. Compromise claimsagainst the trust that may be asserted for an alleged violation ofenvironmental law; and
e. Pay the expense ofany inspection, review, abatement, or remedial action to comply withenvironmental law;
(14) Pay or contest anyclaim, compromise, adjust or otherwise settle a claim by or against the trust, andrelease, in whole or in part, a claim belonging to the trust;
(15) Pay from the trustproperty taxes, assessments, compensation of the trustee and of employees andagents of the trust, and other expenses incurred in the administration of thetrust and the protection of the trust property;
(16) Exercise electionswith respect to federal, state, and local taxes;
(17) Select a mode ofpayment under any employee benefit or retirement plan, annuity, or lifeinsurance payable to the trustee, exercise rights under that plan, annuity, orlife insurance, including exercise of the right to indemnification for expensesand against liabilities, and take appropriate action to collect the proceeds;
(18) Make loans out oftrust property, including loans to a beneficiary on terms and conditions thetrustee considers to be fair and reasonable under the circumstances, andacquire a lien on future distributions for repayment of those loans;
(19) Pledge trust propertyto guarantee loans made to any beneficiary;
(19a) Guarantee loans madeto any beneficiary;
(19b) Pledge trust propertyto guarantee loans made to any proprietorship, partnership, limited liabilitycompany, business trust, corporation, venture, agricultural operation, or otherform of business or enterprise in which the trust or any beneficiary has anownership interest.
(19c) Guarantee loans madeto any proprietorship, partnership, limited liability company, business trust,corporation, venture, agricultural operation, or other form of business orenterprise in which the trust or any beneficiary has an ownership interest.
(20) Appoint a trustee toact in another jurisdiction with respect to trust property located in the otherjurisdiction, confer upon the appointed trustee all of the powers and duties ofthe appointing trustee, limit those powers the appointed trustee may exerciseand the duties for which the appointed trustee is responsible, require that theappointed trustee furnish security, and remove any trustee so appointed;
(21) Pay an amountdistributable to a beneficiary regardless of whether the beneficiary is a minoror incompetent or whether the trustee reasonably believes the beneficiary to beincompetent, by paying it directly to the beneficiary or applying it for thebeneficiary's benefit, or if the beneficiary is a minor or incompetent or aperson the trustee reasonably believes to be incompetent, by:
a. Paying it to thebeneficiary's general guardian or the guardian of the beneficiary's estate;
b. Paying it to acustodian under a uniform transfer to minors act or custodial trustee under auniform custodial trust act and, for that purpose, creating a custodianship orcustodial trust for the benefit of the beneficiary;
c. Paying it to anadult relative or other person having legal or physical care or custody of thebeneficiary, to be expended on the beneficiary's behalf; or
d. Managing it as aseparate fund on the beneficiary's behalf.
Atrustee making payments under this subdivision does not have any duty to see tothe application of the payments so made, if the trustee exercised due care inthe selection of the person, including a minor or incompetent, to whom thepayments were made, and the receipt of that person shall be full acquittance tothe trustee. Notwithstanding the foregoing, if a mandatory distribution is tobe paid to a beneficiary who is not a minor or incompetent or a person thetrustee reasonably believes to be incompetent, the distribution may be appliedfor the beneficiary's benefit only with the beneficiary's consent;
(22) On distribution oftrust property or the division or termination of a trust, make distributions individed or undivided interests, allocate particular assets in proportionate ordisproportionate shares without regard to the income tax basis or other specialtax attributes of the assets, as the trustee finds to be most practicable andfor the best interests of the distributees, value the trust property for thosepurposes, and adjust for resulting differences in valuation; and to distributetrust property in kind or in cash, or partially in kind and partially in cash,in divided or undivided interests;
(23) Resolve a disputeconcerning the interpretation of the trust or its administration by mediation,arbitration, or other procedure for alternative dispute resolution;
(24) Prosecute or defendan action, claim, or judicial proceeding in any jurisdiction to protect trustproperty and the trustee in the performance of the trustee's duties;
(25) Make, execute, anddeliver contracts and other instruments, including instruments under seal, thatare useful to achieve or facilitate the exercise of the trustee's powers;
(26) On termination of thetrust, exercise the powers appropriate to wind up the administration of thetrust and distribute the trust property to the persons entitled to it;
(27) Employ as advisors orassistants in the performance of administrative duties, or delegateadministrative duties in the manner provided in G.S. 36C‑8‑807, topersons, firms, and corporations, including agents, auditors, accountants,brokers, attorneys‑at‑law, attorneys‑in‑fact,investment advisors, appraisers, custodians, rental agents, realtors, and taxspecialists;
(28) Bid on property at aforeclosure sale, or acquire property from a mortgagor or obligor withoutforeclosure, and retain the property so bid on or taken over withoutforeclosure;
(29) Divide one trust intoseveral trusts and make distributions from those trusts in the manner providedin G.S. 36C‑4‑417;
(30) Request an order fromthe court for the sale of real or personal property under Article 29A ofChapter 1 of the General Statutes, or for the exchange, partition, or otherdisposition or change in the character of, or for the grant of options or otherrights in or to, such property;
(31) Distribute the assetsof an inoperative trust consistent with the authority granted under G.S. 28A‑22‑110;and
(32) Renounce, inaccordance with Chapter 31B of the General Statutes, an interest in or powerover property, including property that is or may be burdened with liability forviolation of environmental law. (2005‑192, s. 2; 2007‑106, s. 37; 2009‑48,ss. 16, 17; 2009‑222, s. 3.)
Without limiting the authorityconferred by G.S. 36C‑8‑815, a trustee may:
(1) Collect and controltrust property and accept or reject additions to the trust property from asettlor or any other person;
(2) Invest and reinvesttrust property as the trustee considers advisable in accordance with the trust,and to acquire or sell property, for cash or on credit, at public or privatesale;
(3) Exchange, partition,or otherwise change the character of trust property;
(4) Deposit trust moneyin an account in a regulated financial services institution, including aninstitution operated by the trustee or an affiliate of the trustee uponcompliance with any applicable requirements for the deposit;
(5) Borrow money, withor without security, including from a corporate trustee's lending department,renew or modify loans, and mortgage or pledge trust property for a periodwithin or extending beyond the duration of the trust;
(6) With respect to aninterest in a proprietorship, partnership, limited liability company, businesstrust, corporation, venture, agricultural operation, or other form of businessor enterprise, form and transfer, assign, and convey to that form of businessor enterprise all or any part of the trust property in exchange for the stock,securities, or obligations of that form of business or enterprise, continue anybusiness or other enterprise, and take any action that may be taken byshareholders, members, or property owners, including merging, dissolving, or otherwisechanging the form of business organization, or contributing additional capital;
(7) With respect tostocks or other securities, exercise the rights of an absolute owner, includingthe right to:
a. Vote, or givegeneral or limited proxies to vote, with or without power of substitution, orenter into or continue a voting trust agreement, or execute waivers, consents,or objections with respect to those securities;
b. Hold a security inthe name of a nominee or in other form without disclosure of the trust so thattitle may pass by delivery;
c. Pay calls,assessments, and other sums chargeable or accruing against the securities, andsell or exercise stock subscription or conversion rights;
d. Deposit thesecurities with a depositary or other regulated financial service institution;and
e. Consent, directly orthrough a committee or other agent, to the merger, consolidation,reorganization, readjustment of capital or financial structure, lease, sale,dissolution, or liquidation of a business enterprise, and elect whether toparticipate as a member of a class in any litigation involving the securities;
(8) With respect to aninterest in real property, construct, or make ordinary or extraordinary repairsto, alterations to, or improvements in, buildings or other structures, demolishimprovements, raze existing party walls or buildings or erect new party wallsor buildings, subdivide or develop land, dedicate land to public use or grantpublic or private easements, and make or vacate plats and adjust boundaries,make contracts, licenses, leases, conveyances, or grants of every nature andkind with respect to crops, gravel, sand, oil, gas, timber and forest products,other usufructs or natural resources, and other benefits or incidents of thereal property;
(9) Enter into a leasefor any purpose as lessor or lessee, including a lease or other arrangement forexploration and removal of natural resources, with or without the option topurchase or renew, for a period within or extending beyond the duration of the trust;
(10) Grant an optioninvolving a sale, lease, or other disposition of trust property or acquire anoption for the acquisition of property, including an option exercisable beyondthe duration of the trust, and exercise an option so acquired;
(11) Insure the propertyof the trust against damage or loss and insure the trustee, the trustee'sagents, and beneficiaries against liability arising from the administration ofthe trust at the expense of the trust;
(12) Abandon, relinquishany or all rights to, or decline to administer property of no value or ofinsufficient benefit or value to the trust to justify its collection orcontinued administration;
(13) With respect topossible liability for violation of environmental law:
a. Inspect orinvestigate property the trustee holds or has been asked to hold, or propertyowned or operated by an organization in which the trustee holds or has beenasked to hold an interest, for the purpose of determining the application ofenvironmental law with respect to the property;
b. Take action toprevent, abate, or otherwise remedy any actual or potential violation of anyenvironmental law affecting property held directly or indirectly by thetrustee, whether taken before or after the assertion of a claim or theinitiation of governmental enforcement;
c. Repealed by SessionLaws 2009‑48, s. 17, effective October 1, 2009, and applicable torenunciations and powers of attorney executed on or after that date.
d. Compromise claimsagainst the trust that may be asserted for an alleged violation ofenvironmental law; and
e. Pay the expense ofany inspection, review, abatement, or remedial action to comply withenvironmental law;
(14) Pay or contest anyclaim, compromise, adjust or otherwise settle a claim by or against the trust, andrelease, in whole or in part, a claim belonging to the trust;
(15) Pay from the trustproperty taxes, assessments, compensation of the trustee and of employees andagents of the trust, and other expenses incurred in the administration of thetrust and the protection of the trust property;
(16) Exercise electionswith respect to federal, state, and local taxes;
(17) Select a mode ofpayment under any employee benefit or retirement plan, annuity, or lifeinsurance payable to the trustee, exercise rights under that plan, annuity, orlife insurance, including exercise of the right to indemnification for expensesand against liabilities, and take appropriate action to collect the proceeds;
(18) Make loans out oftrust property, including loans to a beneficiary on terms and conditions thetrustee considers to be fair and reasonable under the circumstances, andacquire a lien on future distributions for repayment of those loans;
(19) Pledge trust propertyto guarantee loans made to any beneficiary;
(19a) Guarantee loans madeto any beneficiary;
(19b) Pledge trust propertyto guarantee loans made to any proprietorship, partnership, limited liabilitycompany, business trust, corporation, venture, agricultural operation, or otherform of business or enterprise in which the trust or any beneficiary has anownership interest.
(19c) Guarantee loans madeto any proprietorship, partnership, limited liability company, business trust,corporation, venture, agricultural operation, or other form of business orenterprise in which the trust or any beneficiary has an ownership interest.
(20) Appoint a trustee toact in another jurisdiction with respect to trust property located in the otherjurisdiction, confer upon the appointed trustee all of the powers and duties ofthe appointing trustee, limit those powers the appointed trustee may exerciseand the duties for which the appointed trustee is responsible, require that theappointed trustee furnish security, and remove any trustee so appointed;
(21) Pay an amountdistributable to a beneficiary regardless of whether the beneficiary is a minoror incompetent or whether the trustee reasonably believes the beneficiary to beincompetent, by paying it directly to the beneficiary or applying it for thebeneficiary's benefit, or if the beneficiary is a minor or incompetent or aperson the trustee reasonably believes to be incompetent, by:
a. Paying it to thebeneficiary's general guardian or the guardian of the beneficiary's estate;
b. Paying it to acustodian under a uniform transfer to minors act or custodial trustee under auniform custodial trust act and, for that purpose, creating a custodianship orcustodial trust for the benefit of the beneficiary;
c. Paying it to anadult relative or other person having legal or physical care or custody of thebeneficiary, to be expended on the beneficiary's behalf; or
d. Managing it as aseparate fund on the beneficiary's behalf.
Atrustee making payments under this subdivision does not have any duty to see tothe application of the payments so made, if the trustee exercised due care inthe selection of the person, including a minor or incompetent, to whom thepayments were made, and the receipt of that person shall be full acquittance tothe trustee. Notwithstanding the foregoing, if a mandatory distribution is tobe paid to a beneficiary who is not a minor or incompetent or a person thetrustee reasonably believes to be incompetent, the distribution may be appliedfor the beneficiary's benefit only with the beneficiary's consent;
(22) On distribution oftrust property or the division or termination of a trust, make distributions individed or undivided interests, allocate particular assets in proportionate ordisproportionate shares without regard to the income tax basis or other specialtax attributes of the assets, as the trustee finds to be most practicable andfor the best interests of the distributees, value the trust property for thosepurposes, and adjust for resulting differences in valuation; and to distributetrust property in kind or in cash, or partially in kind and partially in cash,in divided or undivided interests;
(23) Resolve a disputeconcerning the interpretation of the trust or its administration by mediation,arbitration, or other procedure for alternative dispute resolution;
(24) Prosecute or defendan action, claim, or judicial proceeding in any jurisdiction to protect trustproperty and the trustee in the performance of the trustee's duties;
(25) Make, execute, anddeliver contracts and other instruments, including instruments under seal, thatare useful to achieve or facilitate the exercise of the trustee's powers;
(26) On termination of thetrust, exercise the powers appropriate to wind up the administration of thetrust and distribute the trust property to the persons entitled to it;
(27) Employ as advisors orassistants in the performance of administrative duties, or delegateadministrative duties in the manner provided in G.S. 36C‑8‑807, topersons, firms, and corporations, including agents, auditors, accountants,brokers, attorneys‑at‑law, attorneys‑in‑fact,investment advisors, appraisers, custodians, rental agents, realtors, and taxspecialists;
(28) Bid on property at aforeclosure sale, or acquire property from a mortgagor or obligor withoutforeclosure, and retain the property so bid on or taken over withoutforeclosure;
(29) Divide one trust intoseveral trusts and make distributions from those trusts in the manner providedin G.S. 36C‑4‑417;
(30) Request an order fromthe court for the sale of real or personal property under Article 29A ofChapter 1 of the General Statutes, or for the exchange, partition, or otherdisposition or change in the character of, or for the grant of options or otherrights in or to, such property;
(31) Distribute the assetsof an inoperative trust consistent with the authority granted under G.S. 28A‑22‑110;and
(32) Renounce, inaccordance with Chapter 31B of the General Statutes, an interest in or powerover property, including property that is or may be burdened with liability forviolation of environmental law. (2005‑192, s. 2; 2007‑106, s. 37; 2009‑48,ss. 16, 17; 2009‑222, s. 3.)
Without limiting the authorityconferred by G.S. 36C‑8‑815, a trustee may:
(1) Collect and controltrust property and accept or reject additions to the trust property from asettlor or any other person;
(2) Invest and reinvesttrust property as the trustee considers advisable in accordance with the trust,and to acquire or sell property, for cash or on credit, at public or privatesale;
(3) Exchange, partition,or otherwise change the character of trust property;
(4) Deposit trust moneyin an account in a regulated financial services institution, including aninstitution operated by the trustee or an affiliate of the trustee uponcompliance with any applicable requirements for the deposit;
(5) Borrow money, withor without security, including from a corporate trustee's lending department,renew or modify loans, and mortgage or pledge trust property for a periodwithin or extending beyond the duration of the trust;
(6) With respect to aninterest in a proprietorship, partnership, limited liability company, businesstrust, corporation, venture, agricultural operation, or other form of businessor enterprise, form and transfer, assign, and convey to that form of businessor enterprise all or any part of the trust property in exchange for the stock,securities, or obligations of that form of business or enterprise, continue anybusiness or other enterprise, and take any action that may be taken byshareholders, members, or property owners, including merging, dissolving, or otherwisechanging the form of business organization, or contributing additional capital;
(7) With respect tostocks or other securities, exercise the rights of an absolute owner, includingthe right to:
a. Vote, or givegeneral or limited proxies to vote, with or without power of substitution, orenter into or continue a voting trust agreement, or execute waivers, consents,or objections with respect to those securities;
b. Hold a security inthe name of a nominee or in other form without disclosure of the trust so thattitle may pass by delivery;
c. Pay calls,assessments, and other sums chargeable or accruing against the securities, andsell or exercise stock subscription or conversion rights;
d. Deposit thesecurities with a depositary or other regulated financial service institution;and
e. Consent, directly orthrough a committee or other agent, to the merger, consolidation,reorganization, readjustment of capital or financial structure, lease, sale,dissolution, or liquidation of a business enterprise, and elect whether toparticipate as a member of a class in any litigation involving the securities;
(8) With respect to aninterest in real property, construct, or make ordinary or extraordinary repairsto, alterations to, or improvements in, buildings or other structures, demolishimprovements, raze existing party walls or buildings or erect new party wallsor buildings, subdivide or develop land, dedicate land to public use or grantpublic or private easements, and make or vacate plats and adjust boundaries,make contracts, licenses, leases, conveyances, or grants of every nature andkind with respect to crops, gravel, sand, oil, gas, timber and forest products,other usufructs or natural resources, and other benefits or incidents of thereal property;
(9) Enter into a leasefor any purpose as lessor or lessee, including a lease or other arrangement forexploration and removal of natural resources, with or without the option topurchase or renew, for a period within or extending beyond the duration of the trust;
(10) Grant an optioninvolving a sale, lease, or other disposition of trust property or acquire anoption for the acquisition of property, including an option exercisable beyondthe duration of the trust, and exercise an option so acquired;
(11) Insure the propertyof the trust against damage or loss and insure the trustee, the trustee'sagents, and beneficiaries against liability arising from the administration ofthe trust at the expense of the trust;
(12) Abandon, relinquishany or all rights to, or decline to administer property of no value or ofinsufficient benefit or value to the trust to justify its collection orcontinued administration;
(13) With respect topossible liability for violation of environmental law:
a. Inspect orinvestigate property the trustee holds or has been asked to hold, or propertyowned or operated by an organization in which the trustee holds or has beenasked to hold an interest, for the purpose of determining the application ofenvironmental law with respect to the property;
b. Take action toprevent, abate, or otherwise remedy any actual or potential violation of anyenvironmental law affecting property held directly or indirectly by thetrustee, whether taken before or after the assertion of a claim or theinitiation of governmental enforcement;
c. Repealed by SessionLaws 2009‑48, s. 17, effective October 1, 2009, and applicable torenunciations and powers of attorney executed on or after that date.
d. Compromise claimsagainst the trust that may be asserted for an alleged violation ofenvironmental law; and
e. Pay the expense ofany inspection, review, abatement, or remedial action to comply withenvironmental law;
(14) Pay or contest anyclaim, compromise, adjust or otherwise settle a claim by or against the trust, andrelease, in whole or in part, a claim belonging to the trust;
(15) Pay from the trustproperty taxes, assessments, compensation of the trustee and of employees andagents of the trust, and other expenses incurred in the administration of thetrust and the protection of the trust property;
(16) Exercise electionswith respect to federal, state, and local taxes;
(17) Select a mode ofpayment under any employee benefit or retirement plan, annuity, or lifeinsurance payable to the trustee, exercise rights under that plan, annuity, orlife insurance, including exercise of the right to indemnification for expensesand against liabilities, and take appropriate action to collect the proceeds;
(18) Make loans out oftrust property, including loans to a beneficiary on terms and conditions thetrustee considers to be fair and reasonable under the circumstances, andacquire a lien on future distributions for repayment of those loans;
(19) Pledge trust propertyto guarantee loans made to any beneficiary;
(19a) Guarantee loans madeto any beneficiary;
(19b) Pledge trust propertyto guarantee loans made to any proprietorship, partnership, limited liabilitycompany, business trust, corporation, venture, agricultural operation, or otherform of business or enterprise in which the trust or any beneficiary has anownership interest.
(19c) Guarantee loans madeto any proprietorship, partnership, limited liability company, business trust,corporation, venture, agricultural operation, or other form of business orenterprise in which the trust or any beneficiary has an ownership interest.
(20) Appoint a trustee toact in another jurisdiction with respect to trust property located in the otherjurisdiction, confer upon the appointed trustee all of the powers and duties ofthe appointing trustee, limit those powers the appointed trustee may exerciseand the duties for which the appointed trustee is responsible, require that theappointed trustee furnish security, and remove any trustee so appointed;
(21) Pay an amountdistributable to a beneficiary regardless of whether the beneficiary is a minoror incompetent or whether the trustee reasonably believes the beneficiary to beincompetent, by paying it directly to the beneficiary or applying it for thebeneficiary's benefit, or if the beneficiary is a minor or incompetent or aperson the trustee reasonably believes to be incompetent, by:
a. Paying it to thebeneficiary's general guardian or the guardian of the beneficiary's estate;
b. Paying it to acustodian under a uniform transfer to minors act or custodial trustee under auniform custodial trust act and, for that purpose, creating a custodianship orcustodial trust for the benefit of the beneficiary;
c. Paying it to anadult relative or other person having legal or physical care or custody of thebeneficiary, to be expended on the beneficiary's behalf; or
d. Managing it as aseparate fund on the beneficiary's behalf.
Atrustee making payments under this subdivision does not have any duty to see tothe application of the payments so made, if the trustee exercised due care inthe selection of the person, including a minor or incompetent, to whom thepayments were made, and the receipt of that person shall be full acquittance tothe trustee. Notwithstanding the foregoing, if a mandatory distribution is tobe paid to a beneficiary who is not a minor or incompetent or a person thetrustee reasonably believes to be incompetent, the distribution may be appliedfor the beneficiary's benefit only with the beneficiary's consent;
(22) On distribution oftrust property or the division or termination of a trust, make distributions individed or undivided interests, allocate particular assets in proportionate ordisproportionate shares without regard to the income tax basis or other specialtax attributes of the assets, as the trustee finds to be most practicable andfor the best interests of the distributees, value the trust property for thosepurposes, and adjust for resulting differences in valuation; and to distributetrust property in kind or in cash, or partially in kind and partially in cash,in divided or undivided interests;
(23) Resolve a disputeconcerning the interpretation of the trust or its administration by mediation,arbitration, or other procedure for alternative dispute resolution;
(24) Prosecute or defendan action, claim, or judicial proceeding in any jurisdiction to protect trustproperty and the trustee in the performance of the trustee's duties;
(25) Make, execute, anddeliver contracts and other instruments, including instruments under seal, thatare useful to achieve or facilitate the exercise of the trustee's powers;
(26) On termination of thetrust, exercise the powers appropriate to wind up the administration of thetrust and distribute the trust property to the persons entitled to it;
(27) Employ as advisors orassistants in the performance of administrative duties, or delegateadministrative duties in the manner provided in G.S. 36C‑8‑807, topersons, firms, and corporations, including agents, auditors, accountants,brokers, attorneys‑at‑law, attorneys‑in‑fact,investment advisors, appraisers, custodians, rental agents, realtors, and taxspecialists;
(28) Bid on property at aforeclosure sale, or acquire property from a mortgagor or obligor withoutforeclosure, and retain the property so bid on or taken over withoutforeclosure;
(29) Divide one trust intoseveral trusts and make distributions from those trusts in the manner providedin G.S. 36C‑4‑417;
(30) Request an order fromthe court for the sale of real or personal property under Article 29A ofChapter 1 of the General Statutes, or for the exchange, partition, or otherdisposition or change in the character of, or for the grant of options or otherrights in or to, such property;
(31) Distribute the assetsof an inoperative trust consistent with the authority granted under G.S. 28A‑22‑110;and
(32) Renounce, inaccordance with Chapter 31B of the General Statutes, an interest in or powerover property, including property that is or may be burdened with liability forviolation of environmental law. (2005‑192, s. 2; 2007‑106, s. 37; 2009‑48,ss. 16, 17; 2009‑222, s. 3.)
