Disposition by John Peter Grant of Rothiemurchus and James Patrick Grant, The Younger of Rothiemurchus in favour of The Scottish Ministers (containing Grant of Servitude by The Scottish Ministers) Subjects: Parts of the Rothiemurchus Upper Forest, Rothiemurchus Estate, Rothiemurchus Ref: GBN/FOR/Q366/3S3294 We, (1) JOHN PETER GRANT OF ROTHIEMURCHUS, residing at the Doune of Rothiemurchus, by Aviemore, Inverness-shire PH22 1QP and (2) JAMES PATRICK GRANT, THE YOUNGER OF ROTHIEMURCHUS, residing at Caretaker's Flat, Dmmintoul Lodge, Coylumbridge, Aviemore, Inverness-shire PH22 IQU each for our respective interests as sum of SEVEN MILLION TWO HUNDRED AND EIGHTY THOUSAND ONE HUNDRED AND FOURTEEN POUNDS (£7,280,114) STERLING paid to us by THE SCOTTISH MINISTERS (the ''Purchaser") of which sum we acknowledge receipt and (ii) the grant to us by the said The Scottish Ministers of the heritable servitude rights set out in Parts 5B and 6B of the Schedule (hereinafter defined) DO HEREBY DISPONE to and in favour of the said The Scottish Ministers and their successors and assignees whomsoever ALL and WHOLE those subjects at Rothiemurchus Estate in the County of Inverness shown outlined in green on the Plan (as defined in the Schedule (hereinafter defined)) under the exceptions hereinafter mentioned; (the subjects and others hereby disponed hereinafter referred to as the "Conveyed Property"); Declaring for the avoidance of doubt that the boundary line of the Conveyed Property between the points lettered J-O, T-Q and R-S on the Plan extends in each case to the parish boundary of the Parish of Rothiemurchus and Duthil (b) the boundary line of the Conveyed Property between the points lettered D-D I on the Plan shall be the existing deer proof fence between those points and (c) the boundary line of the Conveyed Property along the points lettered J-K-C1-C-C2-D on the Plan shall be five metres from the outer edge of the existing adjacent roadway, so that there is a five metre wide strip or verge between the said outer edge of the said roadway and the Conveyed Property (the said five metre wide strip or verge being hereinafter referred to as the "Verge") and so that the Conveyed Property shall not include any part of such roadway or Verge, ownership of the solum of the said roadway and strip or Verge being retained by me the said John Peter Grant of Rothiemurchus; and which Conveyed Property forms part and portion of the subjects described in and disponed by the 1967 Disposition (as defined in the Schedule); TOGETHER WITH (One) all buildings, erections and fixtures and fittings thereon, (Two) all rights and pertinents thereto including (insofar as we can competently convey same) a right to use the Whitewell Access Servitude (as defined in the Schedule), (Three) subject to the Section 15 Agreement (hereinafter defined), the whole timber both standing and fallen thereon, (Four) our whole respective right title and interest therein and thereto, (Five) the servitude rights set out in Part 2 of the schedule annexed and signed as relative hereto (the "Schedule"), which Schedule forms part of this Disposition and shall have effect as if set out in full in the body of this Disposition), subject always to the servitude conditions set out in Part 3 of the Schedule, , and (Six) the right to the real burdens set out in Parts 9, 10, 14 and 17 of the Schedule; BUT ALWAYS EXCEPTING from the Conveyed Property (primo) the subjects and others described in and disponed (SECOND) by Disposition by Lieutenant Colonel John Peter Grant, M.B.E. of Rothiemurchus in favour of The County Council of Inverness dated Twenty fifth May and recorded in the said Division of the General Register of Sasines on First June both months Nineteen hundred and sixty seven and (secundo) the area hatched in green on the Plan; And the Conveyed Property is disponed ALWAYS WITH AND UNDER (First) so far as valid, subsisting and applicable the whole reservations, burdens, conditions and others referred to and/or specified and contained in the title deeds for the Conveyed Property including but without prejudice to the foregoing generality the burdens, conditions, obligations, restrictions, reservations and others (a) referred to in the 1967 Disposition and (b) specified and contained in (i) the said Disposition by Lieutenant Colonel John Peter Grant, M.B.E. of Rothiemurchus in favour of The County Council of Inverness dated and recorded as aforesaid, (ii) the Agreement between John Peter Grant of Rothiemurchus and the Nature Conservancy Council for Scotland dated Twenty fifth and Twenty sixth and recorded in the Division of the General Register of Sasines for Inverness on Thirty first all days March Nineteen hundred and ninety two (the "Section 15 Agreement"), (Hi) the 1998 Disposition (as defined in the Schedule) as varied by (i) the Deed of Variation (as defined in the Schedule) and (ii) this Disposition, (Second) the reservations set out in Part 11 of the Schedule, and the servitude conditions set out in Part 3 of the Schedule, (Third) the real burdens set out in Parts 4 of the Schedule and (Fourth) the servitudes set out in Parts 5A, 6A, 12 and ISA of the Schedule; with ENTRY AND (subject to the Leases (as defined in the Schedule) VACANT POSSESSION on the Date of Entry (as defined in the Schedule) notwithstanding the date or dates hereof; Which Conveyed Property so far as not forming part of the subjects described in the 1976 Disposition (as defined in the Schedule) or the 1985 Disposition (as defined in the Schedule) or the 1998 Disposition (as defined in the Schedule) (hereinafter referred to as the "Residue of Rothiemurchus Estate") were last vested in James Craufuird Roger Inglis and Robert Withington Pearson as Trustees acting under the Deed of Trust granted by Lieutenant Colonel John Peter Grant M.B.E. of Rothiemurchus whose title thereto as Trustees foresaid was recorded by the 1967 Disposition and from whom I the said John Peter Grant of Rothiemurchus acquired right in and to the Residue of Rothiemurchus Estate by virtue of (i) Minute of Resignation by the said James Craufuird Roger Inglis dated Twenty fifth July and registered in the Books of Council and Session on First August both months Nineteen hundred and seventy three, (ii) Deed of Appointment by the said Lieutenant Colonel John Peter Grant M.B.E. of Rothiemurchus with the consent thereinmentioned incorporating conveyance by Robert Withington Pearson as Trustee foresaid in favour of Robert Withington Pearson and Robert McArthur as Trustees foresaid dated Ninth, Fifteenth and Thirty first July and registered in the Books of Council and Session on Sixth August both months Nineteen hundred and seventy four and (iii) Minute of Selection by Robert Withington Pearson and Robert McArthur acting under the Deed of Trust granted by Lieutenant Colonel John Peter Grant M.B.E of Rothiemurchus in favour of John Peter Grant dated Twenty third November and Sixth December both months Nineteen hundred and eighty four; And 1, the said John Peter Grant of Rothiemurchus, grant simple warrandice in relation to (a) that area of ground shown tinted yellow on the Plan, (b) that part of the solum of Loch Morlich shown lying within the Conveyed Property on the Plan and we, the said John Peter Grant of Rothiemurchus and the said James Patrick Grant the Younger of Rothiemurchus grant warrandice in respect of the remainder of the Conveyed Property but each only so far as regards our own respective interests and excepting always therefrom (a) the Leases and the respective tenants' rights thereunder, (b) the Path Agreement between Cairngorms National Park Authority and John Peter Grant of Rothiemurchus dated Twenty sixth November and Twenty first December both months Two thousand and seven as varied by Minute of Variation of Path Agreement between Cairngorms National Park Authority and John Peter Grant of Rothiemurchus dated Ninth and Tenth July Two thousand and thirteen, and (c) all existing servitudes and rights of wayleave, rights of way which the general public may enjoy and the rights of suppliers of water, gas, electricity, lighting, telephone and other services in and to any service media within the Conveyed Property and that whether contained in the title deeds and whether formally constituted or not; And WE, the said John Peter Gram of Rothiemurchus, the said James Patrick Grant, the Younger of Rothiemurchus and the Purchaser, each for our respective rights and interests, HEREBY VARY the terms of the servitude rights and conditions contained in the 1998 Disposition (as defined in the Schedule) as varied by the Deed of Variation (as defined in the Schedule) all in terms of Part 18 of the Schedule; And WE, the said John Peter Grant of Rothiemurchus and the Purchaser, each for our respective rights and interests, HEREBY GRANT the non-exclusive servitude rights set out in Part ISA of the Schedule for the benefit of the REMT Property (as defined in the Schedule) subject always to the servitude conditions set out in Part 16 of the Schedule and that with effect from the Date of Entry notwithstanding the date or dates hereof and grant to the Trustees (as defined in the Schedule) warrandice in respect thereof; And WE, the said John Peter Grant of Rothiemurchus and the Purchaser, each for our respective rights and interests, HEREBY GRANT the non-exclusive servitude rights set out in Part 12 of the Schedule for the benefit of Glenmore Forest (as defined in the Schedule) subject always to the servitude conditions set out in Part 13 of the Schedule and that with effect from the Date of Entry notwithstanding the date or dates hereof and grant to the Glenmore Forest Proprietor (as defined in the Schedule) warrandice in respect thereof; And WE, the said John Peter Grant of Rothiemurchus and the Purchaser, each for our respective rights and interest, HEREBY IMPOSE (primo) on Glenmore Forest (as defined in the Schedule) the real burdens in favour of the Conveyed Property and Lower Rolhiemurchus set out in Part 14 of the Schedule and that with effect from the Date of Entry notwithstanding the date or dates hereof and (secundo) on the REMT Property the real burdens in favour of the Conveyed Property and Glenmore Forest set out in Part 17 of the Schedule and that with effect from the Date of Entry notwithstanding the date or dates hereof; And WE, the Purchaser as proprietor of Glenmore Forest hereby (Primo) GRANT the non-exclusive servitude rights set out in Part 5B of the Schedule for the benefit of Lower Rothiemurchus subject always to the servitude conditions set out in Part 7 of the Schedule and that with effect from the Date of Entry notwithstanding the date or dates hereof and grant to the Lower Rothiemurchus Proprietor (as defined in the Schedule) warrandice in respect thereof; (Secundo) GRANT the servitude rights set out in Part 6B of the Schedule for the benefit of Upper Rothiemurchus (as defined in the Schedule) subject always to the servitude conditions set out in Part 8 of the Schedule and that with effect from the Date of Entry notwithstanding the date or dates hereof, and grant to the Upper Rothiemurchus Proprietor (as defined in the Schedule) warrandice; and and(Tertio) GRANT the servitude rights set out in Part 15B of the Schedule for the benefit of the REMT Property subject always to the servitude conditions set out in Part 16 of the Schedule and that with effect from the Date of Entry (as defined in the Schedule) notwithstanding the date or dates hereof, and grant to the REMT Property Proprietor warrandice; No application may be made to the Lands Tribunal for Scotland under section 90(l)(a)(i) of the Title Conditions (Scotland) Act 2003 in respect of the real burdens and servitude conditions set out in Parts 3, 4, 7, 8, 9, 10, 14, 15, 16, 17, and 18 of the Schedule and the servitudes and reservations set out in Parts 2, 5, 6, 11, 12 and 15 of the Schedule for a period of five years after the registration of this disposition in the Land Register of Scotland; IN WITNESS WHEREOF these typewritten presents consisting of this and the preceding three pages together with plan and schedule annexed hereto are signed by John Peter Grant of Rothiemurchus and James Patrick Grant, the Younger of Rothiemurchus at Aviemore on 16th April 2014 in the presence of Sarah Amy Ruth Stevort of 3 fflfinf-inlag Street, Edinburgh and for an on behalf of the Rothiemurchus Estate I^feintenance Trust by Alexander tfertin Bennett, Authorised Signatory, of The National Trust for Scotland for Places of Historic Interest or Natural Beauty, as Trustee at Aviemore on 16th April 2014 in the presence of the said Sarah Amy Ruth Stewart and by Hugh Patrick Younger, as Trustee at Edinburgh on 17th April 2014 in the presence of Ross Andrew Simpson of 3 Glenfinlas Street, aforesaid, both Trustees signing as a quonm of Trustees of the Rothiemurchus Estate I%intenance Trust and for an on behalf of the Scottish Ministers by Laurence Henry Tyson, Authorised Signatory, at Edinburgh on 17th April 2014 in the presence of the said Ross Andrew Simpson aforesaid itness) {jktaMA&Q&tJVNitmsi) Witness) This is the Schedule relative to the Disposition in favour of the Scottish Ministers by John Peter Grant of Rothiemurchus and Another relative to the Rothiemurchus Upper Forest, Rothiemurchus Estate Parti Interpretation Save to the extent that the context or the express provisions herein otherwise require, in this Disposition: 1• The following definitions apply: "1967 Disposition" means Disposition by Lieutenant Colonel John Peter Grant M.B.E. of Rothiemurchus in favour of James Craufuird Roger Inglis and Robert Withington Pearson acting under the Deed of Trust granted by Lieutenant Colonel John Peter Grant M.B.E of Rothiemurchus dated said Disposition Sixteenth April Nineteen hundred and sixty six and recorded in the said Division of the General Register of Sasines applicable to the County of Inverness on Second February Nineteen hundred and sixty seven; "1976 Disposition" means the Disposition by Robert Withington Pearson and Robert McArthur, Trustees acting under the Deed of Trust granted by Lieutenant Colonel John Peter Grant M.B.E of Rothiemurchus in favour of John Peter Grant, the then Younger of Rothiemurchus (now John Peter Grant of Rothiemurchus) dated Twenty second and Twenty ninth June and recorded in the said Division of the General Register of Sasines on Twentieth July both months Nineteen hundred and seventy six; "1985 Disposition" means the Disposition by Robert Withington Pearson and Robert McArthur, Trustees acting under the Deed of Trust granted by Lieutenant Colonel John Peter Grant M.B.E of Rothiemurchus in favour of John Peter Grant, the then Younger of Rothiemurchus (now John Peter Grant of Rothiemurch js) dated Twenty third November and Sixth December both months Nineteen hundred and eighty four and recorded in the said Division of the General Register of Sasines on Twenty eighth March Nineteen hundred and eighty five; u1998 Disposition" means the Disposition by John Peter Grant of Rothiemurchus (formerly the Younger of Rothiemurchus) in favour of James Patrick Grant, the Younger of Rothiemurchus dated Twenty second January and recorded in the said Division of the General Register of Sasines on Twelfth February both months of Nineteen hundred and ninety eight; "Access Routes" means collectively the whole roadways, tracks and others over which any of the Parties have servitude rights of access in terms of this Deed; "Deed of Variation" means the Deed of Variation of Servitude Route between John Peter Grant of Rothiemurchus and James Patrick Grant, the Younger of Rothiemurchus with consent dated Seventeenth July and Twenty first August and recorded in the said Division of the General Register of Sasines on Twenty sixth August, all dates Two thousand and thirteen; "All Necessary Purposes" means pedestrian and vehicular access for all types and specification of vehicles together with equipment and materials for all necessary purposes including without prejudice to the foregoing generality all agricultural, estate, building construction and forestry purposes including for timber harvesting and extraction; "Conveyed Property" has the meaning ascribed to it in the foregoing Disposition; "Conveyed Property (Lower Rothiemurchus)" means those parts of the Conveyed Property which do not form part of the subjects described in the 1998 Disposition; "Conveyed Property (Upper Rothiemurchus)" means those parts of the Conveyed Property which form part of the subjects described in the 1998 Disposition; "Conveyed Property Proprietor" means the Purchaser (as defined in the foregoing Disposition) and their successors and assignees as heritable proprietors of the Conveyed Property or any part thereof; "Date of Entry" means Seventeenth April Two thousand and fourteen notwithstanding the date or dates hereof; "Emergency Purposes Only" means pedestrian and vehicular access for emergency purposes only which vehicular access is restricted to Light Vehicles and emergency vehicles; "General Estate Purposes" means pedestrian and vehicular access for all types and specification of vehicles together with equipment and materials for all necessary purposes including without prejudice to the foregoing generality all agricultural, estate, building construction and forestry purposes but excluding timber harvesting and extraction; "Glenmore Forest" means ALL and WHOLE the lands of Glenmore Forest in the United Parishes of Abemethy and Kincardine and County of Inverness being the subjects more particularly described in, disponed by and indicated by a boundary line marked in red on the conjoined sheets of the six inch Ordnance Survey plan relative to Disposition by The Most Noble Charles Henry Gordon Lennox Duke of Richmond Gordon and Lennox K.G. and The Right Honourable Charles Henry Gordon Lennox Earl of March and Darnley in favour of the Forestry Commissioners dated Ninth and twelfth November and recorded in the Division of the General Register of Sasines applicable to the County of Inverness on Sixteenth November Nineteen hundred and twenty three under exception of those parts previously conveyed; "Glenmore Forest Proprietor" means the Purchaser (as defined in the foregoing Disposition) and their successors and assignees as heritable proprietors of Glenmore or any part thereof; "Leases" means (i) the lease between the said John Peter Grant of Rothiemurchus and Andrew MacKenzie constituted by an informal exchange of letters affecting that part of the Conveyed Property known as the "Badaguish Access Road", (ii) Minute of Lease between John Peter Grant of Rothiemurchus and Others as Trustees acting under Deed of Trust by John Peter Grant dated Twenty sixth May Nineteen hundred and eighty and subsequent dates and The General Officer Commanding Scotland (Army) dated Twelfth July Nineteen hundred and eighty nine and subsequent dates and (iii) the lease between James Craufuird Roger Inglis and Robert Withington Pearson, Trustees acting under Deed of Trust by Lieutenant Colonel John Peter Grant M.B.E., of Rothiemurchus dated Sixteenth April Nineteen hundred and sixty six and registered in the Books of Council and Session on Sixteenth January Nineteen hundred and sixty seven in favour of Malcolm Hugh Dees McAlpine dated Thirteenth March Nineteen hundred and seventy two and subsequent dates, the tenant's interest in which lease is now registered in the Land Register under Title Number INV30897; "Light Vehicles" means light vehicles no larger than 4x4 vehicles with an unladen weight up to 4 tonnes; "Lower Rothiemurchus" means the subjects more particularly described in and disponed by the 1967 Disposition, under exception of (a) the Conveyed Property and (b) all other parts so far disponed by the said John Peter Grant of Rothiemurchus and his predecessors in title; "Lower Rothiemurchus Proprietor" means the said John Peter Grant of Rothiemurchus and his successors and assignees as heritable proprietors of Lower Rothiemurchus or any part thereof; "Moormore Servitude Area" means those two areas or pieces of ground forming part of the Conveyed Property tinted pink on Plan 1 declaring for the avoidance of doubt that (a) the northmost of the said two areas or pieces of ground is bounded on the west by the roadway lying between the points marked A-B on Plan 1 and (b) the southmost of the said two areas or pieces of ground is bounded on the south by the public road running from Aviemore to Glenmore; "Parties" means the Conveyed Property Proprietor, the Lower Rothiemurchus Proprietor, the Upper Rothiemurchus Proprietor, the REMT Property Proprietor and Glenmore Proprietor (and "Party" shall be construed accordingly); "Plan 1" means the plan marked "Plan 1" annexed and signed as relative hereto; "REMT Properly" means ALL and WHOLE the subjects described in Disposition by Robert Withington Pearson and Another as Trustees thereinmentioned in favour of John Peter Grant, The Younger of Rothiemurchus and Others as Trustees thereinmentioned dated Twenty third November and Sixth December both months Nineteen hundred and eighty four and recorded in the said Division of the General Register of Sasines on Twenty eighth March Nineteen hundred and eighty five under exception of all parts so far disponed by the Trustees and their predecessors in title; "REMT Property Proprietor" means the Trustees and, where appropriate, their respective successors in office as Trustees, and in each case their respective successors as proprietors of the REMT Property; "Scottish Water Pipe" means the Scottish Water pipe the approximate location of runs south from Aviemore via the Blackwater Treatment works following the Am Beanaidh burn to the Intake Works at Loch Einich; "Service Media" means service or conducting media including without limitation all water and soil pipes, water tanks, drains, sewers, gutters, downpipes, gas pipes, fuel pipes, oil pipes, electricity cables, television and telephone cables, ducts, flues, wires, conduits, distribution equipment, meters, mains, wastewater treatment systems and all other plant, equipment and apparatus for the provision or supply of services such as water, drainage, electricity and telecommunications; "Trustees" means The Most Honourable Granville Charles Comer Marquess of Huntly, The National Trust for Scotland for Places of Historic Interest or Natural Beauty, incorporated by The National Trust for Scotland Order Confirmation Acts 1935-73 being a charity registered in Scotland (charity number SC0074I0) and having its principal office at Hermiston Quay, 5 Cultins Road, Edinburgh EH11 4DF and Hugh Patrick Younger, Writer to the Signet, of 3 Glenfinlas Street, Edinburgh EH3 6AQ the present Trustees acting under Deed of Trust by John Peter Grant the then Younger of Rothiemurchus (now John Peter Grant of Rothiemurchus) dated Twenty Sixth May and subsequent dates and registered in the Books of Council & Session on Eleventh July both months Nineteen hundred and eighty; "Upper Rothiemurchus" means the subjects described in, disponed by and shown delineated and cross-hatched in red on the plan annexed to the 1998 Disposition under exception of the Conveyed Property; "Upper Rothiemurchus Proprietor" means the said James Patrick Grant, the Younger of Rothiemurchus and his successors and assignees as heritable proprietors of Upper Rothiemurchus or any part thereof; "Whitewell Access Servitude" means a right to use the heritable servitude right of pedestrian and vehicular access over the route between the points marked W-D on Plan 1, which route lies within subjects described in, in feu farm disponed by and shown delineated in red on the plan and locality plan annexed and executed as relative to Feu Disposition by John Peter Grant the Younger of Rothiemurchus with consent in favour of Desmond Nethersole Thompson dated Twentieth and Thirtieth August and recorded in the said Division of the General Register of Sasines on Twenty fifth October both months Nineteen hundred and seventy nine, and which servitude right is a general access right established by usage benefiting the larger subjects of which the Conveyed Property forms part; "Works" means any works carried out by or on behalf of any of the Parties pursuant to servitude rights contained in this Deed. Words importing any gender include all other genders. 3. Where at any one time there are two or more persons included in the expression "Conveyed Property Proprietor" or "Lower Rothiemurchus Proprietor" or "Upper Rothiemurchus Proprietor" or "REMT Property Proprietor" or "Glenmore Forest Proprietor" obligations contained in this Disposition which are expressed to be made by the party denoted by the expression in question are binding jointly and severally on them and their respective executors and representatives whomsoever without the necessity of discussing them in their order. 4. Words importing individuals include legal persons and vice versa. References to this Disposition or to any other document are to be construed as reference to this Disposition or to that other document as modified, amended, varied, supplemented, assigned, novated or replaced from time to time. 6. Any reference to a Clause, Condition, Schedule or Part of the Schedule is to the relevant Clause, Condition, Schedule or Part of the Schedule of or to this Disposition. Any phrase introduced by the words "including", "include", "in particular" or any similar expression is to be construed as illustrative only and is not to be construed as limiting the generality of any preceding words. 8. Any rights reserved to the Lower Rothiemurchus Proprietor or the Upper Rothiemurchus Proprietor are exercisable by the tenants, agents, employees, workmen and others authorised by them from time to time. 9. Any obligation on the Conveyed Property Proprietor to do or refrain from doing something in this Disposition shall be construed as to include a corresponding obligation to ensure compliance by its employees, workmen, contractors or others for whom it is responsible. 10. The headings and sub-headings of this Disposition are for convenience only and shall not affect its interpretation. II- For the avoidance of doubt, any reference to maintenance according to user or equivalent will take into account not only the frequency of use but also the nature of any vehicles which are being used. Part 2 Servitude Rights in favour of the Conveyed Property The following heritable non-exclusive servitude rights are imposed on Lower Rothiemurchus as the burdened property in favour of the Conveyed Property as the benefited property subject always to the servitude conditions contained in Part 3 of the Schedule: 1 Access 1 .1 A heritable and irredeemable servitude right of access and egress to and from the Conveyed Property over the roadways and tracks between the points marked P-X-W, JK, and L-K-C1-C-C2-D on Plan 1 (and in all directions and between any combination or combinations of the routes between the said points as will permit access and egress to and from the Conveyed Property over Lower Rothiemurchus to the nearest publicly adopted roads) for All Necessary Purposes subject as follows: 1.1.1 1.1.2 without prejudice to Clause 2.1 of this Part of the Schedule, the right of access over the roadways and tracks between the points marked L-K on Plan 1 shall be restricted to the following uses: 1.1.1.1 General Estate Purposes for Light Vehicles, 1.1.1.2 forestry purposes including timber harvesting and extraction, and 1.1.1.3 transportation of vehicles for inspection, maintainance, repair, renewal, widening, improvement, upgrading and/or realignment of the said roadways and tracks between the points marked L-K on Plan 1 only (except in the case of emergency); the Lower Rothiemurchus Proprietor will be entitled at any time to realign the existing road or track along the route between the points marked L-K (the "Existing Access Route") on Plan 1 subject to: 1.1.2.1 notifying the Conveyed Property Proprietor of its intention to realign the Existing Access Route and the details of the proposed new route (the "New Route") and estimated timescales for completion of the realignment; 1.1.2.2 the New Route being of a standard which is not less than is reasonably equivalent to the Existing Access Route; and 1.1.2.3 during the realignment process, providing the Conveyed Property Proprietor with an alternative access route which is reasonably equivalent to the Existing Access Route until the New Route is formed; Declaring once the New Route is agreed, created and available for use the Conveyed Property Proprietor will enter into a formal Deed of Variation of Servitude discharging their existing rights over the route in exchange for a grant of servitude over the New Route which grant of servitude will be on similar terms and conditions as those granted in terms of the relevant Parts of this Schedule the Lower Rothiemurchus Proprietor bearing all costs related to the realignment to include reasonably and properly incurred legal costs of the Conveyed Property Proprietor for formally varying the servitude route; 1.2 A heritable and irredeemable servitude right of access and egress to and from the Conveyed Property over the roadway between the points marked M-X on Plan 1 for Emergency Purposes Only. 2 Road Improvements 2. 1 The right, without payment of compensation to the Lower Rothiemurchus Proprietor, to inspect, maintain, repair, renew, widen, improve, upgrade and realign any sections of the roadways between the points marked P-X-W, J-K and L-K-C1-C-C2-D on Plan 1 including the right to form junctions with the roadways between the points J-K-Cl-CC2-D over the Verge between the said roadways and the Conveyed Property with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others subject to: 2.1.1 the standard of upgrade and specification and a timetable for works being agreed between the Lower Rothiemurchus Proprietor and Conveyed Property Proprietor both acting reasonably; and 2.1.2 the Conveyed Property Proprietor giving the Lower Rothiemurchus Proprietor not less than one month's prior written notice of the proposed date of commencement of Works Existing Service Media 3.1 The right to use for drainage of the Conveyed Property all existing Service Media (but only for the provision of drainage) if any on or under Lower Rothiemurchus presently serving the Conveyed Property with access thereto for all necessary purposes (including maintenance, repair and renewal of same) subject to making good any damage caused as a result of the exercise of this right. Service Media Installation 4.1 The right to install, lay down, maintain, repair and where necessary renew or replace Service Media along corridors lying between the points marked L-K-C-D and P-X-W on Plan 1 subject to: 4.1.1 agreeing the exact route of the service media corridor with the Lower Rothiemurchus Proprietor and a timetable for works both acting reasonably; and 4.1.2 the Conveyed Property Proprietor giving the Lower Rothiemurchus Proprietor not less than one month's prior written notice of the proposed date of commencement of works. Part3 Servitude Conditions imposed on the Conveyed Property The servitude rights set out in Part 2 of the Schedule shall be exercised only in accordance with the following servitude conditions, all at the Conveyed Property Proprietor's cost: 1 Maintenance of Roads 1.1 The Conveyed Property Proprietor shall be bound to pay an equitable share according to user of the costs of maintaining, repairing, renewing, upgrading or replacing the roadways and tracks between the points marked P-X-W, J-K and L-K-C1-C-C2-D on Plan 1, subject to Clauses 3.2, 3.3 and 3.4 of Part 4 of this Schedule which share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch). 2 Inconvenience and nuisance 2.1 The servitude rights shall be exercised in such a manner as to cause the least practicable inconvenience to the Lower Rothiemurchus Proprietor and the tenants and occupiers from time to time of Lower Rothiemurchus, 2.2 The Conveyed Property Proprietor shall not adversely affect the Lower Rothiemurchus Proprietor's interests or the use and enjoyment of Lower Rothiemurchus and shall minimise and reduce to an acceptable level any disturbance or disruption (whether by noise, dust, vibration, obstruction or otherwise) to the use and occupation of Lower Rothiemurchus as the case may be with all precautions reasonably required by the Lower Rothiemurchus Properietor being taken by the Conveyed Property Proprietor. 2.3 Without prejudice to the foregoing, the Conveyed Property Proprietor shall use reasonable endeavours to agree with the Lower Rothiemurchus Proprietor as soon as reasonably practicable after the Date of Entry, a reasonable road management protocol in relation to the use of the Access Routes but specifically seeking to provide for as little disruption as is reasonably practicable to tourism and visitor experience over the Access Routes lying between points L-K on Plan 1. 3 Statutory consents etc All statutory consents necessary for the exercise of the servitude rights must be obtained by, and at the cost of, the Conveyed Property Proprietor. Without prejudice to the foregoing generality the Conveyed Property Proprietor shall: 3.1 obtain any necessary statutory or local authority consents or permissions or licences for the carrying out of the Works; and 3.2 comply with all applicable statutory and local authority requirements in relation to such works and ensure that the Works are carried out in a good workmanlike manner with good quality materials to accepted industry standards. 4 Carrying out of Works The Conveyed Property Proprietor shall: 4.1 ensure that all Works are carried out as quickly as reasonably practicable in a good workmanlike manner by competent contractors and that any material delays or changes are notified to the Lower Rothiemurchus Proprietor; and 4.2 make good any damage caused to Lower Rothiemurchus in the exercise of the servitude rights set out in Part 2 of the Schedule to the reasonable satisfaction of the Lower Rothiemurchus Proprietor. 5 Indemnity 5.1 The Conveyed Property Proprietor shall free, relieve and indemnify the Lower Rothiemurchus Proprietor against all actions, proceedings, costs, claims, losses, damages, expenses and liability of whatsoever nature incurred or threatened (except to the extent that the same arise by virtue of the negligence of the Lower Rothiemurchus Proprietor), which are made against or suffered by the Lower Rothiemurchus Proprietor, to the extent that the same relate to: 5.1.1 the exercise of the servitude rights set out in Part 2 of the Schedule; and/or 5.1.2 the breach of the servitude conditions set out in this Part 3 of the Schedule in so far as they relate to the servitude rights set out in Part 2 of the Schedule. Part 4 Real Burdens imposed on the Conveyed Property The following real burden is imposed as a real burden on the Conveyed Property (Lower Rothiemurchus) as the burdened property in favour of Lower Rothiemurchus as the benefhed property all to be carried out at the Conveyed Property Proprietor's cost: 1 Pre-emption 1.1 The Conveyed Property Proprietor shall not sell the Conveyed Properly (Lower Rothiemurchus) or any part thereof (in this clause "the relevant subjects") without first making a formal written offer to sell the same to the Lower Rothiemurchus Proprietor at such price and on such terms and conditions as they rmy be prepared to accept from any third party, which offer the Lower Rothiemurchus Proprietor shall have twenty eight days to accept in writing, failing which the same shall be deemed to have been declined. The Conveyed Property Proprietor shall not sell the relevant subjects at a lower price than, or on significantly different conditions from those on which the same may have been offered to and refused by the Lower Rothiemurchus Proprietor without first making a renewed offer of the same to the Lower Rothiemurchus Proprietor at such reduced price or on such different terms and conditions and like manner, which renewed offer the Lower Rothiemurchus Proprietor shall have twenty eight days to accept in writing, failing which the same shall be deemed to have been declined. The following real burden is imposed as a real burden on the Conveyed Property (Upper Rothiemurchus) as the burdened property in favour of Upper Rothiemurchus as the benefited property all to be carried out at the Conveyed Property Proprietor's cost: 2 Pre-emption 2, 1 The Conveyed Property Proprietor shall not sell the Conveyed Property (Upper Rothiemurchus) or any part thereof (in this clause "the relevant subjects") without first making a formal written offer to sell the same to the Upper Rothiemurchus Proprietor at such price and on such terms and conditions as they may be prepared to accept from any third party, which offer the Upper Rothiemurchus Proprietor shall have twenty eight days to accept in writing, failing which the same shall be deemed to have been declined. The Conveyed Property Proprietor shall not sell the relevant subjects at a lower price than, or on significantly different conditions from those on which the same may have been offered to and refused by the Upper Rothiemurchus Proprietor without first making a renewed offer of the same to the Upper Rothiemurchus Proprietor at such reduced price or on such different terms and conditions and like manner, which renewed offer the Upper Rothiemurchus Proprietor shall have twenty eight days to accept in writing, failing which the same shall be deemed to have been declined. The following real burdens are imposed as a real burden on the Conveyed Property as the burdened property in favour of Lower Rothiemurchus as the benefited property all to be carried out at the Conveyed Property Proprietor's cost: 3 Roads 3.1 The Conveyed Property Proprietor shall be bound to pay an equitable share according to user of ihe costs of rmiintaining, repairing, renewing, upgrading or replacing the Access Routes so far as lying within the Conveyed Property and the roadway and bridge between the points marked H-Hl on Plan 1 subject to Clauses 3.2, 3.3 and 3.4 below, which share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch) 3.2 Any extraordinary damage caused to any of the Access Routes by actions of the Conveyed Property Proprietor shall be made good at the sole cost of the Conveyed Property Proprietor. 3.3 In the event that the Conveyed Property Proprietor upgrades or improves any of the Access Routes which may be used by any of the Parties for All Necessary Purposes in terms of this Schedule to a specification or standard which is higher than required from time to time for normal forestry operations including harvesting and timber extraction then the Conveyed Property Proprietor shall be solely responsible for the costs associated with such upgrading and improvements and for the increase in cost of maintenance in excess of the costs that would otherwise be reasonably incurred in maintaining the Access Routes to a standard required for normal forestry purposes as aforesaid. 3.4 Where and for so long as any of the Parties use any of the Access Routesfor the existing use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged to maintain or contribute to the maintenance of such Access Routes to a standard required for such existing use. 4 Fencing 2.1 The Conveyed Property Proprietor shall maintain and keep in good order and repair to a deer proof standard al mutual expense with the Lower Rothiermurchus Proprietor fences and other boundary features between the points marked D-N on Plan 1. The following real burdens are imposed as real burdens on the Conveyed Property as the burdened property in favour of Lower Rothiemurchus and Upper Rothiemurchus jointly as the benefited property all to be carried out at the Conveyed Property Proprietor's cost: 1 Compliance with servitude conditions The Conveyed Property Proprietor shall:- l.l ensure that the provisions set out in Part 3 of the Schedule are complied with by the Conveyed Property Proprietor and those deriving right, title or interest from it and those for whom it is responsible, and those whom it instructs or through whom it acts; 1.2 use all reasonable endeavours to procure such compliance from any third parties; and 1.3 notify the Lower Rothiemurchus Proprietor and/or the Upper Rothiemurchus Proprietor as the case may be forthwith on becoming aware of any breach or likely breach of any of the said provisions. PartS Servitude Rights in favour of Lower Rothiemurchus Part 5A The following heritable non-exclusive servitude rights are imposed on the Conveyed Property as the burdened property in favour of Lower Rothiemurchus as the benefited property subject always to the servitude conditions contained in Part 7 of the Schedule; 1 Access 1.1 A heritable and irredeemable servitude right of access and egress to and from parts of Lower Rothiemurchus lying to the north of the point marked B on Plan 1 over the roadway marked A-B on Plan 1 for All Necessary Purposes. 1.2 A heritable and irredeemable servitude right of access and egress to and from Lower Rothiemurchus over the roadway or track between the points marked C2-G1 on Plan 1 for General Estate Purposes (vehicular access being restricted to Light Vehicles); declaring the said servitude right contained in this paragraph 1.2 of Part 5A of the Schedule shall be exercisable by the said John Peter Grant of Rothiemurchus as the heritable proprietor of Lower Rothiemurchus and his successors and descendants but not his or his foresaids* assignees or disponees. 1.3 A heritable and irredeemable servitude right of access and egress to and from Lower Rothiemurchus over the roadway marked H1-H2 on Plan 1 for All Necessary Purposes. 2 Road Improvements 2.1 The right, without payment of compensation to the Conveyed Property Proprietor, to inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadways between the points marked A-B and H1-H2 on Plan 1 with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others, and for any of the said purposes right to excavate and use deposits of stone, slate, clay, gravel and sand from land within the Conveyed Property adjoining (or within a reasonable distance from) the said roadway including power to create and/or use such temporary borrow pits in accordance with Clause 6 of this Part 5A of this Schedule as may be necessary subject to: 2.2 2J.1 the standard of upgrade and specification and a timetable for works being agreed between the Lower Rothiemurchus Proprietor and Conveyed Property Proprietor both acting reasonably; and 2.1.2 the Lower Rothiemurchus Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. The right, without payment of compensation to the Conveyed Property Proprietor, to inspect, maintain, repair, renew, improve or upgrade the roadway or track between the points marked C2-Grl on Plan 1 but to only such a standard that is suitable jfor Light Vehicles with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others and for any of the said purposes right to excavate and use deposits of stone, slate, clay, gravel and sand from land within the Conveyed Property adjoining (or within a reasonable distance from) the said roadway or track including power to create and/or use such temporary borrow pits as may be necessary subject to: 2.2.1 the standard of upgrade and specification and a timetable for works being agreed between the Lower Rothiemurchus Proprietor and Conveyed Property Proprietor both acting reasonably; and 2.2.2 the Lower Rothiemurchus Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. Declaring that the said servitude right contained in this paragraph 2.2 of Part 5A of the Schedule shall be exercisable by the said John Peter Grant of Rothiemurchus as the heritable proprietor of Lower Rothiemurchus and his successors and descendants but not his or his foresaids' assignees or disponees. 3 Moormore Servitude Area 3.1 A heritable and irredeemable servitude right to use the Moormore Servitude Area as follows; 3.1.1 for the parking and turning of vehicles for the owners, tenants, occupiers, patrons and staff of businesses serviced by the roadway marked A-B on Plan 1 3.1.2 for the erection and maintenance of appropriate signage relative to businesses serviced by the roadway marked A-B on Plan 1 subject to approval of any new signage by the Conveyed Property Proprietor (such approval not to be unreasonably withheld or delayed) 3.1.3 the right to inspect, maintain, repair, renew, widen, improve, and upgrade the Moormore Servitude Area and any parts thereof with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others, and for any of the said purposes right to excavate and use deposits of stone, slate, clay, gravel and sand from land within the Conveyed Property adjoining (or within a reasonable distance from) the said roadway including power to create and/or use such temporary borrow pits as may be necessary in accordance with Clause 6 of this Part of the Schedule; Existing Service Media 4.1 A heritable and irredeemable servitude right to use all existing Service Media on or under the Conveyed Property presently serving Lower Rothiemurchus with access thereto for all necessary purposes (including maintenance, repair and renewal of same) subject to making good any damage caused as a result of the exercise of this right. 5 Service Media Installation/Connections 5.1 Heritable and irredeemable servitude rights to install, lay down, maintain, repair and where necessary renew or replace Service Media along corridors lying between the points marked A-B on Plan 1 which are or may be required to serve Lower Rothiemurchus (or any part or parts thereof) subject lo: 5.2 5.1.1 agreeing the exact route of the service media corridor with the Conveyed Property Proprietor and a timetable for works both acting reasonably; and 5.1.2 the Lower Rothiemurchus Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. Heritable and irredeemable servitude rights to connect into any parts of the Scottish Water Pipe lying in or under the Conveyed Property together with rights of access for maintenance or renewal of the Scottish Water Pipe (and any connections made thereto) subject to obtaining the consent of Scottish Water, or their statutory successors 0 Borrow Pits 6.1 A heritable and irredeemable servitude right to excavate and use deposits of stone, slate, clay, grave) and sand and other natural deposits from land within the Conveyed Property adjoining (or within a reasonable distance from) Access Routes within the Conveyed Property including power to create, sink and use such temporary borrow pits as may be reasonably required for maintaining, improving and upgrading roadways, tracks and paths on Lower Rothiemurchus lying within 300 metres of the Conveyed Property subject to agreeing location of and new borrow pit(s) with the Conveyed Property Proprietor, both acting reasonably. Part 5B The following heritable non-exclusive servitude rights are imposed on Glenmore Forest as the burdened property in favour of Lower Rothiemurchus as the benefited property subject always to the servitude conditions contained in Part 8 of the Schedule: 1 Access 1.1 A heritable and irredeemable servitude right of access and egress to and from Lower Rothiemurchus over the roadway and bridge lying between the points marked H-Hl on Plan 1 for All Necessary Purposes. 2 Road Improvements 2.1 The right, without payment of compensation to the Glenmore Forest Proprietor, to inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadway and bridge between the points marked H-HI on Plan 1 with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others, subject to: 2.1.1 The standard of upgrade and specification and a timetable for works being agreed between the Lower Rothiemurchus Proprietor and the Glenmore Forest Proprietor both acting reasonably; and 2.1.2 the Lower Rothiemurchus Proprietor giving the Glenmore Forest Proprietor not less than one month's prior written notice of the proposed date of commencement of works. Part 6 Servitude Rights in favour of Upper Rothiemurchus Part 6A The following heritable non-exclusive servitude rights are imposed on the Conveyed Property as the burdened property in favour of Upper Rothiemurchus as the benefited property subject always to the servitude conditions set out in Part 8 of the Schedule: 1 Existing Service Media A heritable and irredeemable servitude right to use all existing Service Media on or under the Conveyed Property presently serving Upper Rothiemurchus with access thereto for all necessary purposes (including maintenance, repair and renewal of same) subject to making good any damage caused as a result of the exercise of this right. 2 Service Media Installation/Connections 2.1 Heritable and irredeemable servitude rights to install, lay down, maintain, repair and where necessary renew or replace Service Media along corridors lying between the points marked C-E and C-F on Plan I which are or may be required to serve Upper Rothiemurchus (or any part or parts thereof) subject to: 2.1.1 agreeing the exact route of the service media corridor with the Conveyed Property Proprietor and a timetable for works both acting reasonably; and 2.1.2 the Upper Rothiemurchus Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. 2.2 Heritable and irredeemable servitude rights to connect into any parts of the Scottish Water Pipe lying in or under the Conveyed Property together with rights of access for maintenance or renewal of the Scottish Water Pipe (and any connections made thereto) subject to obtaining the consent of Scottish Water, or their statutory successors 3 Borrow Pits 3.1 A heritable and irredeemable servitude right to excavate and use deposits of stone, slate, clay, gravel and sand and other natural deposits from land within the Conveyed Property adjoining (or within a reasonable distance from) Access Routes within the Conveyed Property including power to create, sink and use such temporary borrow pits as may be reasonably required for maintaining, improving and upgrading roadways, tracks and paths on Upper Rothiemurchus lying within 300 metres of the Conveyed Property subject to agreeing location of any new borrow pit(s) with the Conveyed Property Proprietor, both acting reasonably.. Part 6B The following heritable non-exclusive servitude rights are imposed on Glenmore Forest as the burdened property in favour of Upper Rothiemurchus as the benefited property subject always to the servitude conditions contained in Part 8 of the Schedule: 1 Access l.l A heritable and irredeemable servitude right of access and egress to and from Upper Rothiemurchus over the roadway and bridge marked H-HI on Plan I for All Necessary Purposes. 1.2 The right, without payment of compensation to the Conveyed Property Proprietor, to inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadway and bridge between the points marked H-H I on Plan 1 with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others, subject to: 1.2.1 a timetable for works being agreed between the Upper Rothiemurchus Proprietor and Conveyed Property Proprietor both acting reasonably; and 1.2.2 the Upper Rothiemurchus Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. Part? Servitude Conditions imposed on Lower Rothiemurchus The servitude rights set out in Part 5 of the Schedule shall be exercised only in accordance with the following provisions, all at the Lower Rothiemurchus Proprietor's sole cost: 1 Maintenance of Roads i.l The Lower Rothiemurchus Proprietor shall be bound to pay an equitable share according to user of the costs of maintaining, repairing, renewing, upgrading or replacing the roadways and tracks between the points marked A-B, C2-G1, H-Hl and HI-HZ on Plan \, subject to Clauses 1.2, 1,3 and 1.4 of Part 9 of this Schedule, which share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch). 2 Inconvenience and nuisance 2.1 The servitude rights shall be exercised in such a manner as to cause the least practicable inconvenience to the Conveyed Property Proprietor and Glenmore Forest Proprietor (as the case may be) and the tenants and occupiers from time to time of the Conveyed Property and/or Glenmore Forest Proprietor whichever is applicable. 2.2 The Lower Rothiemurchus Proprietor shall not adversely affect the Conveyed Property Proprietor's or Glenmore Proprietor's interests or the use and enjoyment of the Conveyed Property or Glenmore Forest whichever is applicable and shall minimise and reduce to an acceptable level any disturbance or disruption (whether by noise, dust, vibration, obstruction or otherwise) to the use and occupation of the Conveyed Property Proprietor or Glenmore Forest Proprietor (as the case maybe) with all precautions reasonably required by the Conveyed Property Proprietor or Glenmore Forest Proprietor (as the case may be) being taken by the Lower Rothiemurchus Proprietor. 3 Statutory consents etc All statutory consents necessary for the exercise of the servitude rights must be obtained by, and at the cost of the Lower Rothiemurchus Proprietor. Without prejudice to the foregoing generality the Lower Rothiemurchus Proprietor, shall: 3.1 obtain any necessary statutory or local authority consents or permissions or licences for the carrying out of the Works; and 3.2 comply with all applicable statutory and local authority requirements in relation to such works and ensure that the Works are carried out in a good workmanlike manner with good quality materials to accepted industry standards. 4 Carrying out of Works The Lower Rothiemurchus Proprietor shall: 4.1 ensure that all Works are carried out as quickly as reasonably practicable in a good workmanlike manner by competent contractors and that any material delays or changes are notified to the Conveyed Property Proprietor and/or the Glenmore Forest Proprietor (as the case may be); and . 4,2 make good any damage caused to the Conveyed Property and/or Glenmore Forest (as the case may be), whichever is applicable in the exercise of the servitude rights set out in Part 5 of the Schedule to the reasonable satisfaction of the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be). 6 Indemnity The Lower Rothiemurchus Proprietor shall free, relieve and indemnify the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be) against all actions, proceedings, costs, claims, losses, damages, expenses and liability of whatsoever nature incurred or threatened (except to the extent that the same arise by virtue of the negligence of the Conveyed Property Proprietor and/or Glenmore Forest Proprietor), which are made against or suffered by the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be), to the extent that the same relate to: 5.1 the exercise of the servitude rights set out in Part 5 of the Schedule; and/or 5.2 the breach of the conditions set out in Part 7 of the Schedule in so far as they relate to the servitude rights set out in Part 5 of the Schedule Parts Servitude Conditions imposed on Upper Rothiemurchus The servitude rights set out in Part 6 of the Schedule shall be exercised only in accordance with the fallowing provisions, all at the Upper Rothiemurchus Proprietor's sole cost: 1 Maintenance of Roads 1.1 The Upper Rothiemurchus Proprietor shall be bound to pay an equitable share according to user of the costs of maintaining, repairing, renewing, upgrading or replacing the roadway and track between the points marked H-Hl on Plan I subject to Clauses 1.1, 1.2 and 1.3 of Part 10 of this Schedule which share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch). 2 Inconvenience and nuisance 2.1 The servitude rights shall be exercised in such a manner as lo cause the least practicable inconvenience to the Conveyed Property Proprietor and Glenmore Forest Proprietor (as the case may be) and the tenants and occupiers from time to time of the Conveyed Property and/or Glenmore Forest Proprietor whichever is applicable. 2.2 The Upper Rothiemurchus Proprietor shall not adversely affect the Conveyed Property Proprietor's or Glenmore Proprietor's interests or the use and enjoyment of the Conveyed Property or Glenmore Forest whichever is applicable and shall minimise and reduce to an acceptable level any disturbance or disruption (whether by noise, dust, vibration, obstruction or otherwise) to the use and occupation of the Conveyed Property Proprietor or Gienmore Forest Proprietor (as the case maybe) with all precautions reasonably required by the Conveyed Property Proprietor or Glenmore Forest Proprietor being taken by the Upper Rothiemurchus Proprietor. 3 Statutory consents etc All statutory consents necessary for the exercise of the servitude rights must be obtained by, and at the cost of the Upper Rothiemurchus Proprietor. Without prejudice to the foregoing generality the Upper Rothiemurchus Proprietor shall: 3.1 obtain any necessary statutory or local authority consents or permissions or licences for the carrying out of the Works; and 3.2 comply with all applicable statutory and local authority requirements in relation to such works and ensure that the Works are carried out in a good workmanlike manner with good quality materials to accepted industry standards. Carrying out of Works The Upper Rothiemurchus Proprietor shall: 4.1 ensure that all Works are carried out as quickly as reasonably practicable in a good workmanlike manner by competent contractors and that any material delays or changes are notified to the Conveyed Property Proprietor and/or the Glenmore Forest Proprietor (as the case may be); and 4,2 make good any damage caused to the Conveyed Property and/or Glenmore Forest (as the case may be), whichever is applicable in the exercise of the servitude rights set out in Part 6 of the Schedule to the reasonable satisfaction of the Conveyed Property Proprietor and/or Glenmore Forest Proprietor. 5 Indemnity The Upper Rothiemurchus Proprietor shall free, relieve and indemnify the Conveyed Property Proprietor and Glenmore Forest Proprietor (as the case may be) against all actions, proceedings, costs, claims, losses, damages, expenses and liability of whatsoever nature incurred or threatened (except to the extent that the same arise by virtue of the negligence of the Conveyed Property Proprietor and/or Glenmore Forest Proprietor), which are made against or suffered by the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be), to the extent that the same relate to: 5J the exercise of the servitude rights set out in Part 6 of the Schedule; and/or 5.2 the breach of the conditions set out in Part 8 of the Schedule in so far as they relate to the servitude rights set out in Part 6 of the Schedule Part 9 Real Burdens imposed on Lower Rothiemurchus The following real burdens are imposed as real burdens on Lower Rothiemurchus to be considered to be the burdened property in favour of the Conveyed Property and Glenmore Forest both as the benefited property all to be carried out at the Lower Rothiemurchus Proprietor's sole cost: 1 Maintenance of Roads 1.1 The Lower Rothiemurchus shall be bound to pay an equitable share according to user of the costs of maintaining, repairing, renewing, upgrading or replacing the Access Routes so far as lying within the Lower Rothiemurchus Property and subject to Clauses 1.2, 1.3 and 1.4 below, to their existing standard only which share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch). 1.2 Any extraordinary damage caused to any of the Access Routes by actions of the Lower Rothiemurchus Proprietor shall be made good at the sole cost of the Lower Rothiemurchus Proprietor. 1.3 In the event that the Lower Rothiemurchus Proprietor upgrades or improves any of the Access Routes which may be used by any of the Parties for All Necessary Purposes in terms of this Schedule to a specification or standard which is higher than required from time to time for normal forestry operations including harvesting and timber extraction then the Lower Rothiemurchus Proprietor shall be solely responsible for the costs associated with such upgrading and improvements and for the increase in cost of maintenance in excess of the costs that would otherwise be reasonably incurred in maintaining the Access Routes to a standard required for normal forestry purposes as aforesaid. 1.4 Where and for so long as any of the Parties use any of the Access Routes for the existing use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged to maintain or contribute to the maintenance of such Access Routes to a standard required for such existing use. 2 Compliance with servitude conditions The Lower Rothiemurchus Proprietor shall:- 2.1 ensure that the provisions set out in Part 7 are complied with by the Lower Rothiemurchus Proprietor and those deriving right, title or interest from them and those for whom they are responsible, and those whom they instruct or through whom they act; 2.2 use all reasonable endeavours to procure such compliance from any third parties; and 2.3 notify the Conveyed Property Proprietor forthwith on becoming aware of any breach or likely breach of any of the said provisions. The following real burden is imposed as a real burden on Lower Rothiemurchus to be considered to be the burdened property in favour of the Conveyed Property as the benefited property all to be carried out at the Lower Rothiemurchus Proprietor's sole cost: Fencing l.l The Lower Rothiemurchus Proprietor shall maintain and keep in good order and repair to a deer proof standard at mutual expense with the Conveyed Property Proprietor fences and other boundary features between the points marked D-N on Plan 1. Part 10 Real Burdens imposed on Upper Rothiemurchus The following real burdens are imposed as real burdens on Upper Rothiemurchus to be considered to be the burdened property in favour of the Conveyed Property and Glenmore Forest both as the benefited property all to be carried out at the Upper Rothiemurchus Proprietor's sole cost: 1 Maintenance of Roads 1.1 Any extraordinary damage caused to any of the Access Routes by actions of the Upper Rothiemurchus Proprietor shall be made good at the sole cost of the Upper Rothiemurchus Proprietor. 1.2 In the event that the Upper Rothiemurchus Proprietor upgrades or improves any of the Access Routes which may be used by any of the Parties for All Necessary Purposes in terms of this Schedule to a specification or standard which is higher than required from time to time for normal forestry operations including harvesting and timber extraction then the Upper Rothiemurchus Proprietor shall be solely responsible for the costs associated with such upgrading and improvements and for the increase in cost of maintenance in excess of the costs that would otherwise be reasonably incurred in maintaining the Access Routes to a standard required for normal forestry purposes as aforesaid. 1.3 Where and for so long as any of the Parties use any of the Access Routesfor the existing use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged to maintain or contribute to the maintenance of such Access Routes to a standard required for such existing use. 2 Compliance with servitude conditions The Upper Rothiemurchus Proprietor shall:- 2.1 ensure that the provisions set out in Part 8 are complied with by the Upper Rothiemurchus Proprietor and those deriving right, title or interest from them and those for whom they are responsible, and those whom they instruct or through whom they act; 2.2 use all reasonable endeavours to procure such compliance from any third parties; and 2.3 notify the Conveyed Property Proprietor forthwith on becoming aware of any breach or likely breach of any of the said provisions. Part 11 Reservations to Lower Rothiemurchus There is reserved to the Lower Rothiemurchus Proprietor and to anyone deriving right, title or interest therefrom the following rights, capable of being exercised at their discretion at all times and for all purposes: The right to grant any future personal or real rights to any party or parties in relation to the whole or part of the Lower Rothiemurchus, or the Upper Rothiemurchus including any future wayleaves, servitudes or others; 2 The right to realign the existing road or track between the points marked L-K on Plan 1 as more particularly detailed in Clause 1.1 of Part 2 of this Schedule. Part 12 Servitude Rights in favour of Glenmore Forest The following heritable non-exclusive servitude rights are imposed on Lower Rothiemurchus and the Conveyed Property as the burdened property in favour of Glenmore Forest as the benefited property subject always to the servitude conditions set out in Part 14 of the Schedule; 2.1 A heritable and irredeemable servitude right of access and egress over the roadways and tracks between the points marked L-K-C1-C-C2-D-G1, H2-H1 and P-X-W on Plan 1 and in all directions and between any combination or combinations of routes between the said points as will permit access and egress to and from Glenmore Forest over Lower Rothiemurchus and the Conveyed Property to the nearest for General Estate Purposes but restricted always to Light Vehicles. Part 13 Servitude Conditions imposed on Glenmore Forest The servitude rights set out in Part 12 of the Schedule shall be exercised only in accordance with the following servitude conditions, all at the Glenmore Forest Proprietor's cost: 1 Maintenance of Roads 1.1 The Glenmore Forest Proprietor shall be bound to pay an equitable share according to user of the costs of maintaining, repairing, renewing, upgrading or replacing the roadways and tracks between the points marked L-K-C1-C-C2-D-G1, H2-H1 and P-XW on Plan 1 subject to Clauses 1.1 and 1.2 of Part 14 of the Schedule to the existing standard only which share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch). 2 Inconvenience and nuisance 2.1 The servitude rights shall be exercised in such a manner as to cause the least practicable inconvenience to the Lower Rothiemurchus Proprietor and Conveyed Property Proprietor and the tenants and occupiers from time to time of Lower Rothiemurchus and the Conveyed Property. 2.2 The Glenmore Proprietor shall not adversely affect the Lower Rothiemurchus Proprietor's and/or Conveyed Property Proprietor's interests or the use and enjoyment of Lower Rothiemurchus and the Conveyed Property and shall minimise and reduce to an acceptable level any disturbance or disruption (whether by noise, dust, vibration, obstruction or otherwise) to the use and occupation of Lower Rothiemurchus and the Conveyed Property with all precautions reasonably required by the Lower Rothiemurchus Properietor and Conveyed Property Proprietor being taken by the Glenmore Proprietor. 3 Indemnity The Glenmore Proprietor shall free, relieve and indemnify the Lower Rothiemurchus Proprietor and Conveyed Property Proprietor against all actions, proceedings, costs, claims, losses, damages, expenses and liability of whatsoever nature incurred or threatened (except to the extent that the same arise by virtue of the negligence of the Lower Rothiemurchus Proprietor and/or Conveyed Property Proprietor), which are made against or suffered by the Lower Rothiemurchus Proprietor or Conveyed Property Proprietor (as the case maybe), to the extent that the same relate to: 3.1 the exercise of the servitude rights set out in Part 13 of the Schedule; and/or 3.2 the breach of the servitude conditions set out in this Part 14 of the Schedule in so far as they relate to the servitude rights set out in Part 13 of the Schedule. Part 14 Real Burdens imposed on the Glenmore Forest The following real burdens are imposed as real burdens on Glenmore Forest as the burdened property in favour of Lower Rothiemurchus and the Conveyed Property as the benefited property all to be carried out at the Glenmore Forest Proprietor's cost: 1 Roads 1.1 Any extraordinary damage caused to any of the Access Routes by actions of the Glenmore Forest Proprietor shall be made good at the sole cost of the Glenmore Forest Proprietor. 1.2 Where and for so long as any of the Parties use any of the Access Routesfor the existing use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged to maintain or contribute to the maintenance of such Access Routes to a standard required for such existing use. 2 Compliance with servitude conditions The Glenmore Forest Proprietor shall:- 2.1 ensure that the provisions set out in Part 13 of the Schedule are complied with by the Glenmore Forest Proprietor and those deriving right, title or interest from it and those for whom it is responsible, and those whom it instructs or through whom it acts; 2.2 use all reasonable endeavours to procure such compliance from any third parties; and 2.3 notify the Lower Rothiemurchus Proprietor and/or the Conveyed Property Proprietor as the case may be forthwith on becoming aware of any breach or likely breach of any of the said provisions. Part 15 Servitude Rights in favour of REMT Property Part ISA The following heritable non-exclusive servitude rights are imposed on the Conveyed Property as the burdened property in favour of the REMT Property as the benefited property subject always to the servitude conditions set out in Part 8 of the Schedule; 1 Access l.l A heritable and irredeemable servitude right of access and egress to and from the REMT Property over the roadway marked H1-H2 on Plan I for All Necessary Purposes. 2 Road Improvements 2.1 The right, without payment of compensation to the Conveyed Property Proprietor, to inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadways between the points marked H1-H2 on Plan 1 subject to Clauses 1.1 and 1.2 of Part 17 of this Schedule with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others, and for any of the said purposes right to excavate and use deposits of stone, slate, clay, gravel and sand from land within the Conveyed Property adjoining (or within a reasonable distance from) the said roadway including power to create and/or use such temporary borrow pits in accordance with Clause 5 of Part 15A of this Schedule as may be necessary subject to; 2.1.1 A standard of upgrade and specification and a timetable for works being agreed between the REMT Property Proprietor and Conveyed Property Proprietor both acting reasonably; and 2.1.2 the REMT Property Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. 3 Existing Service Media 3.1 A heritable and irredeemable servitude right to use all existing Service Media on or under the Conveyed Property presently serving the REMT Property with access thereto for all necessary purposes (including maintenance, repair and renewal of same) subject to making good any damage caused as a result of the exercise of this right. 4 Service Media Installation/Connections 4.1 Heritable and irredeemable servitude rights to install, lay down, maintain, repair and where necessary renew or replace Service Media along corridors lying between the points marked H1-H2 on Plan 1 which are or may be required to serve the REMT Property (or any part or parts thereof) subject to: 4.1.1 agreeing the exact route of the service media corridor with the Conveyed Property Proprietor and a timetable for works both acting reasonably; and 4.1.2 the REMT Property Proprietor giving the Conveyed Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. 5 Borrow Pits 5.1 A heritable and irredeemable servitude right to excavate and use deposits of stone, slate, clay, gravel and sand and other natural deposits from land within the Conveyed Property adjoining (or within a reasonable distance from) Access Routes within the Conveyed Property including power to create, sink and use such temporary borrow pits as may be reasonably required for maintaining, improving and upgrading roadways, tracks and paths on the REMT Property lying within 300 metres of the Conveyed Property subject to agreeing location of any new borrow pit(s) with the Conveyed Property Proprietor, both acting reasonably. Part 15B The following heritable non-exclusive servitude rights are imposed on Glenmore Forest as the burdened property in favour of the REMT Property as the benefited property subject always to the servitude conditions contained in Part 17 of the Schedule: 1 Access l.l A heritable and irredeemable servitude right of access and egress to and from the REMT Property over the roadway and bridge marked H-Hl on Plan 1 for All Necessary Purposes. 1.2 The right, without payment of compensation to the Conveyed Property Proprietor, to inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadway and bridge between the points marked H-Hl on Plan 1 with right to construct and maintain verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and others, subject to: 1.2.1 The standard of upgrade and specification and a timetable for works being agreed between the REMT Property Proprietor and Glenmore Forest Proprietor both acting reasonably; and 1.2.2 the REMT Property Proprietor giving the Glenmore Property Proprietor not less than one month's prior written notice of the proposed date of commencement of works. Part 16 Servitude Conditions imposed on the REMT Property The servitude rights set out in Port 16 of the Schedule shall be exercised only in accordance with the following provisions, all at the REMT Property Proprietor's sole cost: 1 Maintenance of Roads 1.1 The REMT Property Proprietor shall be bound to pay an equitable share according to user of the costs of maintaining, repairing, renewing, upgrading or replacing the roadways and tracks between the points marked H-H1-H2 on Plan 1 subject to Clauses 1.1, 1.2 and 1.3 of Part 17 of this Schedulewhich share shall be determined, failing agreement, by an independent arbitrator to be mutually appointed or failing agreement as to such appointment, by the Chairman for the time being of the Royal Institution of Chartered Surveyors (Scottish Branch). 2 Inconvenience and nuisance 2.1 The servitude rights shall be exercised in such a manner as to cause the least practicable inconvenience to the Conveyed Property Proprietor and Gienmore Forest Proprietor (as the case may be) and the tenants and occupiers from time to time of the Conveyed Property and/or Glenmore Forest Proprietor whichever is applicable. 2.2 The REMT Property Proprietor shall not adversely affect the Conveyed Property Proprietor's or Glenmore Proprietor's interests or the use and enjoyment of the Conveyed Property or Glenmore Forest whichever is applicable and shall minimise and reduce to an acceptable level any disturbance or disruption (whether by noise, dust, vibration, obstruction or otherwise) to the use and occupation of the Conveyed Property Proprietor or Glenmore Forest Proprietor (as the case maybe) with all precautions reasonably required by the Conveyed Property Proprietor or Glenmore Forest Proprietor (as the case may be) being taken by Ihe REMT Property Proprietor. 3 Statutory consents etc All statutory consents necessary for the exercise of the servitude rights must be obtained by, and at the cost of the REMT Property Proprietor. Without prejudice to the foregoing generality the REMT Property Proprietor, shall: 3.1 obtain any necessary statutory or local authority consents or permissions or licences for the carrying out of the Works; and 3.2 comply with all applicable statutory and local authority requirements in relation to such works and ensure that the Works are carried out in a good workmanlike manner with good quality materials to accepted industry standards. 4 Carrying out of Works The REMT Property Proprietor shall: 4.1 ensure that all Works are carried out as quickly as reasonably practicable in a good workmanlike manner by competent contractors and that any material delays or changes are notified to the Conveyed Property Proprietor and/or the Glenmore Forest Proprietor (as the case may be); and 4,2 make good any damage caused to the Conveyed Property and/or Glenmore Forest (as the case may be), whichever is applicable in the exercise of the servitude rights set out in Part 5 of the Schedule to the reasonable satisfaction of the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be). 5 Indemnity The REMT Property Proprietor shall free, relieve and indemnify the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be) against all actions, proceedings, costs, claims, losses, damages, expenses and liability of whatsoever nature incurred or threatened (except to the extent that the same arise by virtue of the negligence of the Conveyed Property Proprietor and/or Glenmore Forest Proprietor), which are made against or suffered by the Conveyed Property Proprietor and/or Glenmore Forest Proprietor (as the case may be), to the extent that the same relate to: 5.1 the exercise of the servitude rights set out in Part 15 of the Schedule; and/or 5.2 the breach of the conditions set out in Part 67 of the Schedule in so far as they relate to the servitude rights set out in Part 15 of the Schedule Part 17 Real Burdens imposed on the REMT Property The following real burdens are imposed as real burdens on the REMT Property to be considered to be the burdened property in favour of the Conveyed Property and Glenmore Property as the benefited property all to be carried out at the REMT Property Proprietor's sole cost: 1 Maintenance of Roads 1. 1 Any extraordinary damage caused to any of the Access Routes by actions of the REMT Property Proprietor shall be made good at the sole cost of the REMT Property Proprietor. 1.2 In the event that the REMT Property Proprietor upgrades or improves any of the Access Routes which may be used by any of the Parties for All Necessary Purposes in terms of this Schedule to a specification or standard which is higher than required from time to time for normal forestry operations including harvesting and timber extraction then the REMT Property Proprietor shall be solely responsible for the costs associated with such upgrading and improvements and for the increase in cost of maintenance in excess of the costs that would otherwise be reasonably incurred in maintaining the Access Routes to a standard required for normal forestry purposes as aforesaid. 1.3 Where and for so long as any of the Parties use any of the Access Routes for the existing use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged to maintain or contribuie to the maintenance of such Access Routes to a standard required for such existing use. 2 Compliance with servitude conditions The REMT Property Proprietor shall:- 2.1 ensure that the provisions set out in Part 16 are complied with by the REMT Property Proprietor and those deriving right, title or interest from them and those for whom they are responsible, and those whom they instruct or through whom they act; 2.2 use all reasonable endeavours to procure such compliance from any third parties; and 2.3 notify the Conveyed Properly Proprietor forthwith on becoming aware of any breach or likely breach of any of the said provisions. Part 18 Variation of existing servitude rights in favour of Upper Rothiemurchus The Deed of Variation shall be varied as follows: In Part 1 of the schedule annexed and signed as relative to the Deed of Variation, following the word "purposes" where it appears on the final line of paragraph 2, the following wording shall be inserted: 1.1 subject to: 1.1.1 a timetable for works being agreed between the First Party and the Second Party both acting reasonably; and 1.1.2 the Second Party giving the First Party not less than one month's prior written notice of the proposed date of commencement of works. m (A Bennett) {John P Grant) (James P Grant) ,. I B ; \ , (HP Younger) (SM)