The Altamont (Amendment of Deed of Trust) Act, 1993

Withdrawal of Settlor from Settlement.

3.—The Indenture of Conveyance in Trust shall be read and construed as though the following clause was from the date of the Indenture of Conveyance in Trust contained therein that is to say:

“21. The Settlor may from time to time or at any time by deed wholly or partially withdraw from this Settlement for his own benefit or otherwise and without substituting any equivalent for the same the whole or any portion or portions of the properties described in the First or the Second Schedule hereto or any property substituted therefore hereby settled and may by such deed revoke all the limitations, trusts, powers and provisions herein declared of or concerning the lands so withdrawn and appoint, sell, mortgage, lease, grant or convey the same in whole or in part free from this Settlement in any manner as he shall think proper, but nevertheless without prejudice to any leases or mortgages which may have been previously created under the powers hereof and as between the property so withdrawn or any part thereof and the property, if any, which shall remain subject thereto, the burden of any mortgage created as aforesaid and affecting the property jointly shall, subject to the consent of such mortgagees, be borne exclusively by the property so remaining subject in exoneration of the property so withdrawn. It is acknowledged by the Trustees that the term of years vested in them by the provisions hereof in respect of the properties described in the First and Second Schedule hereto or any property substituted therefor shall, on the withdrawal by the Settlor of the whole or any part of the property described in the First or the Second Schedule hereto merge in the freehold and/or leasehold reversion expectant thereon and the Trustees shall execute all such assurances and things as are necessary to perfect the transfer of the title to the property so withdrawn.”.