EXHIBIT 1.1
VAN KAMPEN FOCUS PORTFOLIOS, MUNICIPAL SERIES 336
TRUST AGREEMENT
Dated: July 24, 2000
This Trust Agreement between Van Kampen Funds Inc., as Depositor,
American Portfolio Evaluation Services, a division of Van Kampen Investment
Advisory Corp., as Evaluator, and The Bank of New York, as Trustee, sets forth
certain provisions in full and incorporates other provisions by reference to the
document entitled "Standard Terms and Conditions of Trust For Van Kampen
American Capital Distributors, Inc. Tax-Exempt Trust, Dated March 16, 1995"
(herein called the "Standard Terms and Conditions of Trust"), and such
provisions as are set forth in full and such provisions as are incorporated by
reference constitute a single instrument. All references herein to Articles and
Sections are to Articles and Sections of the Standard Terms and Conditions of
Trust.
WITNESSETH THAT:
In consideration of the premises and of the mutual agreements herein
contained, the Depositor and the Trustee agree as follows:
PART I
STANDARD TERMS AND CONDITIONS OF TRUST
Subject to the provisions of Part II hereof, all the provisions
contained in the Standard Terms and Conditions of Trust are herein incorporated
by reference in their entirety and shall be deemed to be a part of this
instrument as fully and to the same extent as though said provisions had been
set forth in full in this instrument.
PART II
SPECIAL TERMS AND CONDITIONS OF TRUST
The following special terms and conditions are hereby agreed to:
(a) The Bonds defined in Section 1.01(4), listed in the Schedules hereto,
have been deposited in the Trusts under this Trust Agreement.
(b) The fractional undivided interest in and ownership of the various
Trusts represented by each Unit thereof is a fractional amount, the numerator of
which is one and the denominator of which is the amount set forth under "Summary
of Essential Financial Information - General Information__Number of Units" in
the related Prospectus Part I.
(c) The approximate amounts, if any, which the Trustee shall be required to
advance out of its own funds and cause to be paid to the Depositor pursuant to
Section 3.05 shall be the amount per Unit that the Trustee agreed to reduce its
fee or pay Trust expenses set forth in the footnotes in the related Prospectus
Part I times the number of units in such Trust referred to in Part II (b) of
this Trust Agreement.
(d) The First General Record Date and the amount of the second distribution
of funds from the Interest Account of each Trust shall be the record date for
the Interest Account and the amount set forth under "Summary of Essential
Financial Information-Estimated Distributions - Initial Distribution" in the
related Prospectus Part I.
(e) The First Settlement Date shall be the date set forth in the footnotes
to the "Summary of Essential Financial Information" in the related Prospectus
Part I.
(f) Any monies held to purchase "when issued" bonds will be held in
noninterest bearing accounts.
(g) The Evaluation Time for purpose of sale, purchase or redemption of
Units shall be the close of the New York Stock Exchange.
(h) As set forth in Section 3.05, the Record Dates and Distribution Dates
for each Trust are those dates set forth under "Summary of Essential Financial
Information - Estimated Distributions" in the related Prospectus Part I.
(i) As set forth in Section 3.15, the Evaluator's Annual Supervisory Fee
shall be that amount set forth in "Summary of Essential Financial
Information-Expenses-Evaluator's Supervisory Fee" in Prospectus Part I.
(j) As set forth in Section 4.03, the Evaluator's Annual Evaluation Fee
shall be that amount, and computed on that basis, set forth in "Summary of
Essential Financial Information-Expenses-Evaluator's Evaluation Fee" in the
related Prospectus Part I
(k) The Trustee's annual compensation as set forth under Section 6.04,
under each distribution plan shall be that amount as specified in the related
Prospectus Part I under the section entitled "Summary of Essential Financial
Information-Expenses-Trustee's Fee" and will include a fee to induce the Trustee
to advance funds to meet scheduled distributions.
(l) The sixth paragraph of Section 3.05 is hereby revoked and replaced by
the following paragraph:
Unitholders desiring to receive semi-annual distributions and who purchase
their Units prior to the Record Date for the second distribution under the
monthly plan of distribution may elect at the time of purchase to receive
distributions on a semi-annual basis by notice to the Trustee. Such notice shall
be effective with respect to subsequent distributions until changed by further
notice to the Trustee. Unitholders desiring to receive semi-annual distributions
and who purchase their Units prior to the Record Date for the first distribution
may elect at the time of purchase to receive distributions on a semi-annual
basis by notice to the Trustee. Such notice shall be effective with respect to
subsequent distributions until changed by further notice to the Trustee. Changes
in the plan of distribution will become effective as of opening of business on
the day after the next succeeding semi-annual Record Date and such distributions
will continue until further notice.
(m) Sections 8.02(d) and 8.02(e) are hereby revoked and replaced with the
following:
(d) distribute to each Unitholder of such Trust such holder's pro rata
share of the balance of the Interest Account of such Trust;
(e) distribute to each Unitholder of such Trust such holder's pro rata
share of the balance of the Principal Account of such Trust; and
(n) Section 1.01(1) and (3) shall be replaced in their entirety by the
following:
(1) "Depositor" shall mean Van Kampen Funds Inc. and its successors in
interest, or any successor depositor appointed as hereinafter provided.
(3) "Evaluator" shall mean American Portfolio Evaluation Services (a
division of Van Kampen Investment Advisory Corp.) and its successors in
interest, or any successor evaluator appointed as hereinafter provided.
(o) Notwithstanding anything to the contrary in the Standard Terms and
Conditions of Trust, the Trustee may satisfy any redemption of Units through
distribution of a Unitholder's pro rata share of each Bond then held by the
Trust in lieu of cash as described in Section 5.02 of the Standard Terms and
Conditions of Trust. In such case the Unitholder will receive his pro rata share
of the then outstanding principal value of the Bonds and cash equal to any
fractional share of a Bond. Such pro rata share of each Bond and the related
cash to which the tendering Unitholder is entitled is referred to herein as an
"In Kind Distribution." An In Kind Distribution will be made by the Trustee
through the distribution of each Bond in book-entry form to the account of the
Unitholder's bank or broker-dealer at Depository Trust Company. If funds in the
Principal Account are insufficient to cover the required cash distribution to
the tendering Unitholder, the Trustee may sell Bonds according to the criteria
discussed in Section 5.02 of the Standard Terms and Conditions of Trust.
336 TA__
0000204/mjk
October 18, 1998
IN WITNESS WHEREOF, the undersigned have caused this Trust Agreement to be
executed and their corporate seals to be hereto affixed and attested; all as of
the day, month and year first above written.
VAN KAMPEN FUNDS INC.
By JAMES J. BOYNE
-----------------------------------
Senior Vice President
(SEAL)
Attest:
By Weston B. Wetherell
--------------------------------
Vice President
AMERICAN PORTFOLIO EVALUATION SERVICE, a division of Van Kampen Investment
Advisory Corp.
By JAMES J. BOYNE
----------------------------
Senior Vice President
(SEAL)
Attest:
By Weston B. Wetherell
---------------------------------
Vice President
THE BANK OF NEW YORK
By JEFFREY COHEN
---------------------------------
Vice President
(SEAL)
Attest:
By ROBERT WEIR
------------------------
Assistant Treasurer
SCHEDULES TO TRUST AGREEMENT
SECURITIES INITIALLY DEPOSITED
VAN KAMPEN FOCUS PORTFOLIOS, MUNICIPAL SERIES 336
(Note: Incorporated herein and made a part hereof as indicated below are
the corresponding "Portfolio" of each of the Trusts as set forth in the related
Prospectus Part I.)
