Section 848.APPENDIX A Financial Assurance Forms

Section 848

Section 848.APPENDIX A   Financial

Assurance Forms

Section 848.ILLUSTRATION A

Trust Agreement

TRUST

AGREEMENT

Trust Fund Number

Trust Agreement, the

"Agreement," entered into as of the

(day of month)

day of

(month and year)

, by and between

(name of the owner or operator)

, a/an

(name of State)

("corporation," "partnership," "association"

or "proprietorship")

, the "Grantor,"

and

(Name of corporate trustee)

,

("incorporated

in the State of ___________"

or

"a national bank")

, the "Trustee."

Whereas the Illinois Pollution

Control Board (IPCB) has established certain regulations applicable to the

Grantor, requiring that an owner or operator of a used or waste tire storage or

disposal site provide assurance that funds will be available when needed for

removal of used and waste tires from the site.

Whereas the Grantor has elected

to establish a trust to provide all or part of such financial assurance for the

sites identified in this Agreement, and/or to serve as a standby trust fund.

Whereas the Grantor, acting

through its duly authorized officers, has selected the Trustee to be the

trustee under this Agreement, and the Trustee is willing to act as trustee.

Whereas Trustee is an entity

which has authority to act as a trustee and whose trust operations are

regulated by a state or federal agency.

Now, Therefore, the Grantor and

the Trustee agree as follows:

Section 1.  Definitions. As used

in this Agreement:

(a)        The term "Grantor" means the owner or operator who

enters into this Agreement and any successors or assigns of the Grantor.

mingling and

Investment. The Trustee is expressly authorized in its discretion:

(a)        To transfer from time to time any or all of the assets of the

Fund to any common, commingled or collective trust fund created by the Trustee

in which the Fund is eligible to participate, subject to all of the provisions

thereof, to be commingled with the assets of other trusts participating

therein; and

(b)        To purchase shares in any investment company registered under

the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) including one

which may be created, managed, underwritten or to which investment advice is

rendered or the shares of which are sold by the Trustee. The Trustee may vote

such shares in its discretion.

Section 8.  Express Powers of

Trustee. Without in any way limiting the powers and discretions conferred upon

the Trustee by the other provisions of this Agreement or by law, the Trustee is

expressly authorized and empowered:

(a)        To sell, exchange, convey, transfer or otherwise dispose of

any property held by it, by public or private sale. No person dealing with the

Trustee shall be bound to see to the application of the purchase money or to

inquire into the validity or expedience of any such sale or other disposition;

(b)        To make, execute, acknowledge and deliver any and all

documents of transfer and conveyance and any and all other instruments that may

be necessary or appropriate to carry out the powers granted in this Agreement;

he evaluation day. The failure of the Grantor to

object in writing to the Trustee within 90 days after the statement has been

furnished to the Grantor and the Illinois EPA  shall constitute a conclusively

binding assent by the Grantor, barring the Grantor from asserting any claim or

liability against the Trustee with respect to matters disclosed in the

statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who may be counsel to

the Grantor, with respect to any question arising as to the construction of

this Agreement or any action to be taken hereunder. The Trustee shall be fully

protected, to the extent permitted by law, in acting upon the advice of

counsel.

Section 12. Trustee

Compensation. The Trustee shall be entitled to reasonable compensation for its

services as agreed upon in writing from time to time with the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the Trustee, but such

resignation or replacement shall not be effective until the Grantor has

appointed a successor trustee and this successor accepts the appointment. The

successor trustee shall have the same powers and duties as those conferred upon

the Trustee hereunder. Upon the successor trustee's acceptance of the

appointment, the Trustee shall assign, transfer and pay over to the successor

trustee the funds and properties then constituting the Fund. If for any reason

the Grantor cannot or does not act in the event of the resignation of the

Trustee, the Trustee may apply to a court of competent jurisdiction for the

appointment of a successor trustee or for instructions. The successor trustee shall

specify the date on which it assumes administration of the trust in a writing

sent to the Grantor, the Illinois EPA and the present Trustee by certified mail

ten days before such change becomes effective. Any expenses incurred by the

Trustee as a result of any of the acts contemplated by this Section shall be

paid as provided in Section 9

he Trustee shall notify the Grantor and the Illinois EPA, by

certified mail within ten days following the expiration of the 30-day period

after the anniversary of the establishment of the Trust, if no payment is

received from the Grantor during the period. After the pay-in period is

completed, the Trustee shall not be required to send a notice of nonpayment.

Section 16. Amendment of

Agreement. This Agreement may be amended by an instrument in writing executed

by the Grantor, the Trustee and the Illinois EPA Director, or by the Trustee

and the Illinois EPA Director if the Grantor ceases to exist.

Section 17. Irrevocability and

Termination. Subject to the right of the parties to amend this Agreement as

provided in Section 16, this Trust shall be irrevocable and shall continue

until terminated at the written agreement of the Grantor, the Trustee and the Illinois

EPA Director, or by the Trustee and the Illinois EPA Director, if the Grantor

ceases to exist. Upon termination of the Trust, all remaining trust property,

less final trust administration expenses, shall be delivered to the Grantor.

Section 18. Immunity and

Indemnification. The Trustee shall not incur personal liability of any nature

in connection with any act or omission, made in good faith, in the

administration of this Trust, or in carrying out any directions by the Grantor

or the Illinois EPA Director issued in accordance with this Agreement. The

Trustee shall be indemnified and saved harmless by the Grantor or from the

Trust Fund, or both, from and against any personal liability to which the

Trustee may be subjected by reason of any act or conduct in its official

capacity, including all expenses reasonably incurred in its defense in the

event the Grantor fails to provide such defense.

Section 19. Choice of Law. This

Agreement shall be administered, construed and enforced according to the laws

of the State of Illinois.

Section 20. Interpretation