Fill and Sign the Accordance with the Applicable Laws of the State of North Dakota and Form

- 1 - AMENDMENT TO POSTNUPTIAL AGREEMENT READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTIC E LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS O F THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE N OT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS A GREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY. THIS AGREEMENT, made this ____ day of ________________, 2_ ___, between ___________________________ (Name), of ______________________________ (Address), _____________ (State) ("first party or Wife"), and _____________________ (Name), of ____________________________ (Address), _____________ (State) ("second party or Husband"), both herein referred to as “Parties”. W I T N E S S E T HWHEREAS, Wife and Husband are now married, having been married on the     _ day of      _______  , 2 , in      _______   County,      _________  ; and WHEREAS, the Parties entered into a postnuptial agreement on the day of              ; and WHEREAS, the Parties desire to amend portions of the postnuptial agreement for the best interest of all involved; and WHEREAS, the parties agree that this agreement is to be effective upon executi on in accordance with the applicable laws of the State of North Dakota; and WHERAS, except as otherwise provided in this agreement, the postnuptial agree ment and all provisions contained therein, shall remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties and other benefits and advantages accruing to each party, the parties agree as set forth a bove and below as follows: SECTION 1 AMENDMENTS The Parties hereby amend the postnuptial agreement, or add supplementary provisions to the agreement as follows (attach additional sheets if necessary): (a) [insert desired amendment or addition] - 2 - ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ (b) [insert desired amendment or addition] ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ (c) [insert desired amendment or addition] ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ SECTION 2 ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes of this agree ment, such as any deeds, bills of sale, assignments, affidavits, tax forms or other instruments of transfe r and title that are required in order to establish the parties’ respective rights in their separate and joint property. The designation of property as separate or joint, however, shall not be affected by a party’s failure to execute a necessary document, but the terms of this agreement shall control such designation. SECTION 3 AMENDMENT OR REVOCATION The parties agree to reserve the right to amend or revoke this agreement during the joint lives of the parties and the parties’ marriage by a written amendment or revoc ation signed by both parties. SECTION 4 ABSENCE OF DURESS OR UNDUE INFLUENCE The parties agree and state that each has freely and voluntarily entered into t his agreement. This agreement was executed free of any duress, coercion, collusion, or undue influence, and the terms of this agreement are not unconscionable, but are fair, just, a nd - 3 - equitable. Both parties were provided prior to execution of this agreement a fair and reasonable disclosure of the property and financial obligations of the other party and each party had, or reasonably could have had, an adequate knowledge of the property and financial obligations of the other party. SECTION 5 SEVERABILITY If any portion of this agreement shall be held to be invalid or unenforceable for any reason, then all the remaining parts or portions shall be construed, implemented and adm inistered in full force and effect as if such invalid or unenforceable portion did not appear herein. SECTION 6 CONTROLLING LAW This agreement shall be controlled, construed and given effect by and under the laws of the State of North Dakota. It is the intent of the parties that the agreement be enforced to the fullest extent permissible under applicable laws and public policies. SECTION 7 SUCCESSORS AND ASSIGNS This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, executors, administrators, and legal representatives. IN WITNESS WHEREOF, the parties have executed this agreement on the da y and year first above written. ____________________________ FIRST PARTY (“WIFE”) _____________________________ SECOND PARTY (“HUSBAND”) Approved: Attorney for First Party: ___________________________________ Attorney for Second Party: _________________________________ Note: This agreement must be executed before a notary public. - 4 - STATE OF ___________________ COUNTY OF _________________ On this ____ day of _________________ , in the year _______ , before me personally appeared ____________________________, known to me (or proved to me on the oath of _____________) to be the person who is described in and who executed the within instrument, and acknowledged to me that ________ (he/she/they) executed the same. (Seal) ___________________________________ Notary Public, State of Printed Name: _______________________ Commission Expires: ________________________ STATE OF ___________________ COUNTY OF _________________ On this ____ day of _________________ , in the year _______ , before me personally appeared ____________________________, known to me (or proved to me on the oath of _____________) to be the person who is described in and who executed the within instrument, and acknowledged to me that ________ (he/she/they) executed the same. (Seal) ___________________________________ Notary Public, State of Printed Name: _______________________ Commission Expires: ________________________