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Deed Of Appointment Of New Trustees (with Transfer Of Property) - Legal Draft

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Category : Agreements Trust

THIS

DEED is made at............................... this........day

of.................between

1)...............................................of......................hereinafter

referred to as "the Continuing Trustee" of the One Part,

(2).................of................ hereinafter referred to as `the Retiring

Trustee" of the Second Part, and (3)......................

of.................................. hereinafter referred to as the `New

Trustee' of the Third Part;WHEREAS

--1. By a Deed of Trust

(or Settlement) made on the..... day of.... between..... there in referred to

as the Settlor of the One Part

and.................&.........................herein referred to as the

Trustees of the Other Part and registered at the office of the Sub-Registrar

at..... under Serial No...... of Book-I, the said Settlor, granted and conveyed

unto the Trustees the land and premises situate at..... and more particularly

described in the First Schedule there underwritten (being the same as described

in the First Schedule hereunder written) To Have And To Hold the same unto the

said Trustees to the use and upon the Trusts and with and subject to powers,

provisions, obligations and declarations therein contained.2. By the said Deed, the

Settlor also assigned to the said Trustees certain securities and investments

described in the Second Schedule there under written To Hold the same upon the

trusts and with powers, provisions, obligations and declarations therein mentioned,3. The said Deed, inter

alia, provides as follows --"In

case and so often as the Trustees hereby constituted or any of them or any

future trustees or trustee of these presents be removed, or shall die, or go to

reside abroad, or desire to retire or refuse or become incapable to act in the

trusts hereof or is adjudged insolvent, then and in every such case it shall be

lawful for the surviving or continuing trustees or trustee for the time being

of these presents (and for this purpose the retiring or refusing trustee shall,

if willing to act in the exercise of this power be considered as a continuing

Trustee) to appoint a new trustee and upon every such appointment of the new

Trustee, the Trust property shall be so transferred as to become vested in the

new trustee along with the continuing trustee or trustees and every such new

trustee as well as before or after the trust property shall have become vested

in him shall have all the powers and authorities and subject to the obligations

of the Trustees under these presents as if he was originally appointed by these

presents."4. The Retiring Trustee

desires to retire and has resigned as trustee of these presents.5. The Continuing

Trustee under the power given to him by the Deed of Trust as hereinbefore

recited has appointed.......... as New Trustee in place of the said Retiring

Trustee and the New Trustee has accepted the appointment.6. It is proposed to

execute this Deed so as to confirm...... appointment and to transfer the Trust

property to the New Trustee along with the Continuing Trustee so as to vest the

same in him.7. The Retiring Trustee

has agreed to join in these presents.8. The securities and

investment described in the Second Schedule to the said Deed of Trust are now

represented by securities and investments described in the Second Schedule

hereunder written, by reason of additions and alterations and subtractions

therein made from time to time.NOW

THIS DEED WITNESSETH that in exercise of the power in that behalf and of every

other power therein enabling, the Continuing Trustee confirms the appointment

of the New Trustee made as aforesaid to be the trustee of the said deed of

Trust in place of the said Retiring Trustee, who has resigned as such trustee,

to act jointly with the Continuing trustee in the said Trust.AND

THIS DEED FURTHER WITNESSETH that the Continuing Trustee and the Retiring

Trustee in exercise of the power hereinbefore recited do hereby grant and

convey the land and premises described in the First Schedule hereunder written

and all other rights and other premises appurtenant thereto and comprised in

the said Deed of Trust and do assign the securities and investments and other

property described in the Second Schedule hereunder written To Hold the same

unto the New Trustee along and jointly with the Continuing Trustee to the use

and upon the same trust and with the same powers, provisions, obligations and

declarations as are contained in the said Deed of Trusts to the intent and

purposes and as if the New Trustee was originally appointed as trustee of and

by the said Deed of Trust.IN

WITNESS WHEREOF the parties have put their hands the day and year first

hereinabove written.THE

FIRST SCHEDULE ABOVE REFERRED TOTHE

SECOND SCHEDULE ABOVE REFERRED TOX

X X X Signed by the within namedContinuing

Trustee..........in

the presence ofSigned

by the within namedRetiring

Trustee..........in

the presence ofSigned

by the within namedNew

Trustee..........in

the presence of........


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