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Exhibit 4.1
Form of Common Stock Certificate
[Front of Certificate]
CERTIFICATE FOR SHARES SHARES
OF BENEFICIAL INTEREST
WITHOUT PAR VALUE
THIS CERTIFICATE IS TRANSFERABLE SEE REVERSE FOR
IN CLEVELAND OR NEW YORK CITY CERTAIN DEFINITIONS
AN OHIO UNINCORPORATED ASSOCIATION IN THE FORM OF A BUSINESS TRUST
REALTY REFUND TRUST
THIS CERTIFIES THAT
IS THE REGISTERED HOLDER OF
FULLY PAID AND NON-ASSESSABLE SHARES OF BENEFICIAL INTEREST WITHOUT PAR
VALUE, IN Realty ReFund Trust (the "Trust"), an Ohio unincorporated association
in the form of a business trust established by Declaration of Trust dated April
28, 1971, as amended from time to time, a copy of which, together with all
amendments thereto, is on file with the Recorder of Cuyahoga County, Ohio. The
provisions of the Declaration of Trust are hereby incorporated in and made a
part of this certificate as fully as if set forth herein in their entirety, to
all of which provisions the holder and every transferee or assignee hereof by
accepting or holding the same agrees to be bound. SEE REVERSE FOR EXISTENCE OF
REDEMPTION AND PROHIBITION OF TRANSFER PROVISIONS GOVERNING THE SHARES
REPRESENTED BY THIS CERTIFICATE. This certificate and the shares represented
hereby are negotiable and transferable on the books of the Trust by the
registered holder hereof in person or by attorney upon surrender of this
certificate properly endorsed or assigned to the same extent as a stock
certificate and the shares represented thereby of an Ohio corporation for
profit. This certificate is issued by the Trustees of the Trust, acting not
individually but as such Trustees, and is not valid until countersigned by the
Transfer Agent and registered by the Registrar.
Witness the facsimile seal of the Trust and the facsimile signatures of
its duly authorized representatives.
Dated: [Seal]
COUNTERSIGNED AND REGISTERED
NATIONAL CITY BANK, TRANSFER AGENT AND REGISTRAR
(CLEVELAND, OHIO) CHAIRMAN
BY: SECRETARY
Authorized Signature.
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THE DECLARATION OF TRUST PROVIDES THAT THE NAME "REALTY REFUND TRUST"
REFERS TO THE TRUSTEES UNDER THE DECLARATION OF TRUST, AS TRUSTEES, BUT NOT
INDIVIDUALLY OR PERSONALLY, AND NO TRUSTEE, SHAREHOLDER, OFFICER, EMPLOYEE OR
AGENT OF THE TRUST SHALL BE HELD TO ANY PERSONAL LIABILITY, NOR SHALL RESORT BE
HAD TO THEIR PRIVATE PROPERTY FOR THE SATISFACTION OF ANY OBLIGATION OR CLAIM,
IN CONNECTION WITH THIS INSTRUMENT, BUT THE TRUST PROPERTY ONLY IS LIABLE.
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[Back of Certificate]
REALTY REFUND TRUST
PROVISIONS RELATING TO REDEMPTION AND PROHIBITION OF TRANSFER OF SHARES
If necessary to effect compliance by the Trust with certain
requirements of the Internal Revenue Code, the Shares represented by this
certificate are subject to redemption by the Trustees of the Trust and the
transfer thereof may be prohibited upon the terms and conditions set forth in
the Declaration of Trust. The Trust will furnish a copy of such terms and
conditions to the registered holder of this certificate upon request and without
charge.
The following abbreviations, when used in the inscription on the face
of this certificate, shall be construed as though they were written out in full
according to applicable laws or regulations:
TEN COM -- as tenants in common UNIF GIFT MIN ACT-- Custodian
(Cust) (Minor)
TEN ENT -- as tenants by the entireties under the Uniform Gifts to Minors
JT TEN -- as joint tenants with right of Act _________________________
survivorship and not as tenants (State)
in common
Additional abbreviations may also be used though not in the above list.
FOR VALUE RECEIVED hereby sell(s), assign(s), and transfer(s) unto
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PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE
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PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF
ASSIGNEE.
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Shares of Beneficial
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Interest represented by the within Certificate, hereby irrevocably constituting and appointing
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Attorney
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to transfer the said shares on the books of the within-named Trust with
full power of substitution in the premises.
Dated, __________________
(Sign here)
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NOTICE: THE SIGNATURE TO THIS ASSIGNMENT
MUST CORRESPOND WITH THE NAME AS
WRITTEN UPON THE FACE OF THE CERTIFICATE,
IN EVERY PARTICULAR, WITHOUT
ALTERNATION OR ENLARGEMENT, OR ANY
CHANGE WHATEVER.