Deed of Acknowledgement Change of Trustee

Similar documents
BEDFORD CRICKET CLUB LIMITED

THE PROPRIETORS OF MANGATAWA-PAPAMOA BLOCKS. Trustee. Mr & Mrs Beneficiary. Beneficiary TRUST DEED

[PARTICIPANT], a company incorporated in [England and Wales] (registered number [])

BELIZE ALIENS LANDHOLDING ACT CHAPTER 179 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

Victorian Landata Deed Access to Index Search Function June 5 th 2011

This booklet relates to the Application Form for Business Revolving Credit / Business Instalment Loan Business Card Programme

CHAPTER 224 CHATTEL BUILDINGS SECURITY

*(hereinafter *individually and collectively called the Mortgagor ) the proprietor*s of the land above described in consideration of the MORTGAGEE

(27 November 1998 to date) ALIENATION OF LAND ACT 68 OF 1981

REGISTRATION AND TRANSCRIPTION OF DEEDS AND INSCRIPTION OF MORTGAGES, PRIVILEGES AND CHARGES (RODRIGUES) ACT Act 19 of December 1997

For personal use only

ALIENATION OF LAND ACT NO. 68 OF 1981

ACT ARRANGEMENT OF SECTIONS. as amended by

Guarantee. THIS DEED is dated. 1. Definitions and Interpretation. 1.1 Definitions. In this Deed:

(company number 2065) - and - (company number SC )

Housing Development Schemes for Retired Person s Act

Over 50s Life Cover Proposal and Declaration of Trust for Life Policy

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOW:

APPENDIX. Supplement No. published with [Extraordinary Gazette] No. dated, 2015.

ALIENATION OF LAND ACT 68 OF 1981 i * [ASSENTED TO 28 AUGUST 1981] [DATE OF COMMENCEMENT: 19 OCTOBER 1982] (Except s. 26: 6 December 1983) (English

Now therefore this deed witnesses and it is hereby declared as follows

1. This Law shall be cited as the Law for the Compensation, Exchange and Restitution of Immovable Properties, which are within the scope

SCHEDULE CHAPTER 117 THE REGISTRATION OF DOCUMENTS ACT An Act relating to the registration of documents. [1st January, 1924]

CORPORATE TRUST LIMITED (AS NEW TRUSTEE) THAMES-COROMANDEL DISTRICT COUNCIL (THE COUNCIL)

SCHEDULE-Particulars required in application for certificate of incorporation

National Housing Development Act 28 of 2000 (GG 2459) brought into force on 5 March 2001 by GN 36/2001 (GG 2492) ACT

Alternate Director means a person appointed as an alternate of a Director pursuant to clause

LawCentral Legal Documents

SUPPLEMENTAL AGENCY AGREEMENT. 4 December (supplemental to the Amended and Restated Agency Agreement. dated 24 September 2013)

The Homesteads Act. being. Chapter 101 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941).

THE COMPANIES NAMED IN THIS GUARANTEE

The Credit Union Act, 1985

Saxton Cricket Club Constitution

PARAGON FINANCE PLC AND MORTGAGE TRUST SERVICES PLC AND FIRST FLEXIBLE (NO.7) PLC AND CITICORP TRUSTEE COMPANY LIMITED AND HOMELOAN MANAGEMENT LIMITED

1.2 the enforceability of the Agreements under the laws of the Jurisdiction.

CHAPTER 19:05 PUBLIC CORPORATIONS ACT ARRANGEMENT OF SECTIONS PART I PART II

including existing and future fixtures, fittings, alterations and additions.

LOAN NOTE INSTRUMENT

(the LLP ), duly. convened (at which a quorum was acting throughout) on the.. day of 20..

IN THE COURT OF APPEAL OF NEW ZEALAND CA553/2010 [2011] NZCA 368. Appellant. SOUTH CANTERBURY FINANCE LIMITED Respondent

ONLINE. By mail: All enquiries to: Telephone: Overseas: APPOINTMENT OF PROXY APPOINT A PROXY

THE LAND TITLES ACT MORTGAGE

THAMES friends. Registered Charity number Constitution Revised 02/03/2013

ENRICHMENT INVESTMENTS LIMITED

RULES OF KAWAKAWA BAY BOAT CLUB INCORPORATED. 1.1 The name of the club is the KAWAKAWA BAY BOAT CLUB INCORPORATED ("the Club").

1.2 the enforceability of the Agreements under the laws of the Jurisdiction.

Declaration of Trust Establishing, Nominee Trust

NOTTINGHAM UNIVERSITY ACADEMY OF SCIENCE AND TECHNOLOGY

Agreement to UOB Banker s Guarantee Terms and Conditions

REPRINTED ACT [WITH AMENDMENTS INCORPORATION] MAORI FISHERIES REPRINTED AS ON 1 SEPTEMBER 1991 INDEX

MFDA Investor Protection Corporation / Corporation de protection des investisseurs de l'acfm BY-LAW NUMBER 1

JAPARA HEALTHCARE LIMITED ACN Constitution

DEED OF RETIREMENT OF TRUSTEE

Chapter 20 INVESTMENT VEHICLES AUTHORISED COLLECTIVE INVESTMENT SCHEMES. General

NC General Statutes - Chapter 57D Article 7 1

Constitution for Pact Group Holdings Ltd ACN

NEWHAVEN AND SEAFORD SAILING CLUB LIMITED

Addendum for Additional Contributor

ALTRINCHAM KERSAL RUGBY FOOTBALL CLUB. Rules

Charitable Trusts Act 1957

MEMORANDUM OF INCORPORATION

SECURITY AGREEMENT. SCOTIABANK COVERED BOND GUARANTOR LIMITED PARTNERSHIP, as Guarantor. - and -

Glebe Administration Board Ordinance 1930

ARTICLES OF ASSOCIATION*

Constitution of Anglican Pacifist Fellowship

PINEHURST SCHOOL INCORPORATED CONSTITUTION

CONSTITUTION OF THE RETURNED & SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) APPENDIX C THE BOARD. Index

(THIS FORM HAS 7 PAGES AND MUST BE COMPLETED IN FULL)

TRANSFER TO SOUTH WEST AFRICA: This Act post-dated the transfer proclamations. as amended by

Constitution for Reliance Worldwide Corporation Limited

Constitution of Kiwanis Australia District Charitable Foundation Ltd

NEW SOUTH WALES COMPANIES (NEW SOUTH WALES) CODE ARTICLES OF ASSOCIATION OF GEORGES RIVER GRAMMAR SCHOOL LIMITED A COMPANY LIMITED BY GUARANTEE

The following documents are the Memorandum and Articles of Association of the National Women s Register, drawn up in accordance with the Companies

Companies and Allied Matters Act Chapter C20 Laws of the Federal Republic of Nigeria Contents. Part A Companies. Corporate Affairs Commission

IIH UK Registered Charity Constitution

African Bird Club Constitution

MEMORANDUM AND ARTICLES OF ASSOCATION. Registered Company: Registered Charity:

Queensland Fruit and Vegetable Growers Ltd. Constitution. November _1

THE WAREHOUSING CORPORATIONS (AMENDMENT) BILL, 2011

PARADISE TIMBERS PTY LTD APPLICATION FOR COMMERCIAL CREDIT

COPTIC ORTHODOX CHURCH (NSW) PROPERTY TRUST

NOTICE. 1. To consider and if thought fit, to pass, with or without modification(s), the following

the Charity means the company intended to be regulated by these articles; clear days in relation to the period of a notice means a period excluding:

TD TRUST COMPANY AND CENTRAL GUARANTY TRUST COMPANY 1 B I L L. No. 303 of An Act respecting TD Trust Company and Central Guaranty Trust Company

DEED OF ASSIGNMENT. THIS DEED OF ASSIGNMENT is made the. Between. ( the Mortgagor ) of the first part, ( the Borrower of the second part.

MEMORANDUM OF DEPOSIT

Autron Corporation Limited

THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 ARRANGEMENT OF SECTIONS

INDIVIDUAL DEED OF SURETYSHIP

Companies an d Allied Matters Act Chapter 59 Laws of the Federal Republic of Nigeria 1990 Contents. Part A Companies

CIMB ISLAMIC BANK BERHAD ( H)

OCD-UK. Charity Constitution. Charity Registration Number: An Unincorporated Association Adopted on the 10th day of November 2012

Association of Volunteer Managers Limited Company Number:

PET INDUSTRY ASSOCIATION OF AUSTRALIA LIMITED ACN GENERAL

ROYAL BANK OF CANADA. Global Covered Bond Programme SUPPLEMENTAL AGENCY AGREEMENT. 7 August 2013

Memorandum of Association for a Charitable Company. Memorandum of Association of The Henry Doubleday Research Association

Maintenance Enforcement Act

DEED OF TRUST Updated and Reprinted July 2013

Chapter 36 Mediation and Arbitration 2013 EDITION Declaration of purpose of ORS to

PART 7 CHARGES AND DEBENTURES. Chapter 1. Interpretation. Chapter 2. Registration of charges and priority

Transcription:

Deed of Acknowledgement Change of Trustee retiring trustee new trustee continuing trustee Date: / / Important In this deed: us, we and the bank means TSB Bank. the terms that are in bold in this deed are the parties to this and otherwise have the meanings as set out in the schedule to this deed. if the retiring trustee, the new trustee or the continuing trustee include more than one persons, then each person agrees to the obligations both separately and together. person means an individual, company, association of persons (whether corporate or not), trust or any other entity (whether or not having a separate legal personality). you means the retiring trustee, the new trustee and the continuing trustee and each of you separately and all of you together. effective date means the later of the date of this deed or the date that the property is transferred into the names of the continuing trustee and the new trustee. Background A. The retiring trustee and the continuing trustee are the current trustees of the trust. B. The trust is the owner of the property. The property is subject to the mortgage in favour of the bank. C. The mortgage secures the obligations under the existing loan documents which record the terms of loans and other facilities provided to the trust by the bank. D. The retiring trustee has retired as a trustee of the trust and the new trustee has been appointed. E. You have requested us to consent to the transfer of the property to the continuing trustee and the new trustee of the trust being the current trustees of the trust which we have agreed to do subject to you all signing this deed. JH-100413-714-4-V2

This deed records The bank consents 1. The bank consents to the transfer of the property into the names of the continuing trustee and the new trustee subject to the mortgage and agrees to release the retiring trustee from the retiring trustee s obligations under the mortgage and the existing loan documents effective from the effective date. 2. Notwithstanding clause 1, the bank retains the right to rely on the retiring trustee s obligations under the mortgage and the existing loan documents for two years from the effective date. If any payment that was received by us is set aside or is required to be repaid by the bank during that period, then we will be entitled to exercise our rights under the mortgage and/or the existing loan documents as if we had not released the retiring trustee from the mortgage or the existing loan documents under this deed. Obligations of the new trustee and the continuing trustee 3. The new trustee agrees to be bound by the mortgage and the existing loan documents as from the effective date as if the new trustee had signed the mortgage and the existing loan documents instead of, or as well as, the retiring trustee and the continuing trustee. 4. The continuing trustee will continue to be liable after the effective date for all obligations under the mortgage and the existing loan documents and the continuing trustee and the new trustee agree to the retiring trustee being released from the retiring trustee s obligations under the existing loan documents on the terms set out in this deed. 5. The new trustee and the continuing trustee agree that all limits on personal liability under the mortgage which would otherwise apply for the benefit of the new trustee under section 205 of the Property Law Act 2007, shall not apply so that the new trustee shall be personally liable to the bank under the mortgage and the existing loan documents. The clause in the bank s memorandum that limits the liability of independent trustees shall however apply to the independent trustee (if any). 6. The new trustee acknowledges that the new trustee has received a copy of the mortgage incorporating the bank s memorandum and the existing loan documents for the purposes of disclosure under the Credit Contracts and Consumer Finance Act 2003 prior to signing this deed. Other things that we rely on 7. You acknowledge that the nature of your obligations was explained to you and that you understand your obligations under this deed. 8. The new trustee and the continuing trustee certify to the bank that: the new trustee is able to enter into this deed and is able to accept and be bound by the mortgage and the existing loan documents under the terms of the trust document of the trust or under the Trustee Act 1956 and any trustees resolutions or other authorisations that may be required have been obtained or passed prior to the signing of this deed to ensure that this deed is legally binding. the new trustee and the continuing trustee have properly signed this deed in accordance with the terms of the trust document. the entry into this deed is for a proper purpose and for the benefit of the trust. EXECUTED AS A DEED as retiring trustee in the presence of: Signature of retiring trustee

as retiring trustee in the presence of: as new trustee in the presence of: Signature of new trustee as new trustee in the presence of:

Signature of continuing trustee Signature of continuing trustee

Schedule bank s memorandum no: existing loan documents: independent trustee: mortgage: property: no: address: certificate identifier: land registry: trust trust document: name of trust: The trust deed dated: DF121329 03/16