[§517D-5] Rule of construction. Section 517D-4 does not apply if the applicable gift instrument indicates the donor's intention that net appreciation shall not be expended or that income shall not be accumulated and added to principal of an endowment fund. A restriction upon the expenditure of net appreciation may not be implied from a designation of a gift as an endowment, or from a direction or authorization in the applicable gift instrument to use only "income", "interest", "dividends", or "rents, issues or profits", or "to preserve the principal intact" [or] a direction which contains other words of similar import. A restriction upon the accumulation of income or addition to principal of income may not be implied from a designation of a gift as an endowment, or from a direction or authorization in the applicable gift instrument to apply to the uses and purposes of the fund the "income", "interest", "dividends", "currently expendable income", or "rent, issues, or profits" or a direction which contains other words of similar import. This rule of construction applies to gift instruments executed or in effect before or after April 25, 1995. [L 1995, c 46, pt of §1]