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

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

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- 1 - AG REED R EV O CATIO N O F P O ST N UPT IA L A G REEM EN T REA D BEFO RE SIG NIN G : IM PO RTA NT NO TIC E: EA CH PA RTY TO TH IS AG REEM EN T A G REES T H AT T H EY H AVE H AD A N O PPO RTU NIT Y T O C O NSU LT WIT H A N A TTO RNEY O F T H EIR C H OIC E L IC EN SE D T O P R ACTIC E L A W IN TH EIR S T A TE O F R ESID EN CE (N O T T H E S A M E A TTO RNEY ) A ND T H AT T H EY HAVE FU LLY R EA D, U NDER ST A ND A ND A G REE TO TH E TER M S O F TH IS AG REEM EN T. E A CH P A RTY F U RTH ER A G REES T H AT T H EY A RE N O T A CTIN G UNDER D URESS O R U N DUE I N FL U EN CE I N E X EC UTIN G T H IS A G REEM EN T A ND TH AT E X EC UTIO N O F S A M E I S D O NE F R EELY A ND V O LU NTA RIL Y . TH IS A GREEM EN T, m ad e t h is _ ___ d ay o f _ _______________, 2 _ _ __, b etw een _ _ _____ _______________ _____ (N am e), of ______________________________ (A ddre ss), __ _____ ______ (S ta te ) (" fir s t party or W if e "), an d _____________________ (N am e), of __ _____ _______________ ______ ( A ddre ss), _ ____________ ( S ta te ) ( " se co nd p arty o r H usb an d"), bo th h ere in r e fe rre d t o a s “ P artie s” .W I T N E S S E T HW HER EA S, Wife and Husband are now married, having been married on the ,,,,_ day of ,,,, _______ ,, 2 , in ,,,,_______, County, ,,,,_________,; and W HER EA S, th e P artie s e n te re d in to a p o stn uptia l a g re em en t o n th e   d ay o f   ,    ; a n d W HER EA S, t h e P artie s h ere b y d esir e t o r e v oke t h e p o stn uptia l a g re em en t; a n d WHEREAS, the parties agree that this revocation is to be effective upon execution in accordance with the applicable laws of the State of South Dakota. NOW , T H ER EFO RE, in c o nsid era tio n o f th e mutual promises, covenants, warranties and other benefits and advantages accruing to each party, the parties agree as set forth above and below as follows: SE C TIO N 1R EV O CATIO N The p ostn uptia l a g re em en t e n te re d in to b etw een th e P artie s a n d r e fe re n ced a b ove is h ere b y rev oked a n d c an celle d f o r a ll p urp o se s. T he P artie s’ r ig hts a n d o blig atio ns s h all b e g overn ed b y t h e la w s o f t h e S ta te o f S outh D ak ota a n d a n y o th er a g re em en ts t h e P artie s m ay e n te r i n to . S E C TIO N 2 A M EN DM EN T O R R EV O CATIO N The p artie s a g re e to re se rv e th e rig ht to a m en d o r re v oke th is a g re em en t d urin g th e jo in t liv es o f th e p artie s a n d th e p artie s’ m arria g e b y a w ritte n a m en dm en t o r r e v ocatio n s ig ned b y b oth - 2 - partie s. S E C TIO N 3 A BSE N CE O F D URESS O R U NDU E I N FL U EN CE The parties agree and state that each has freely and voluntarily entered into this 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, and equitable. Both p artie s w ere p ro vid ed p rio r to e x ecu tio n o f th is a g re em en t a fa ir a n d re aso nab le dis c lo su re o f th e p ro perty an d fin an cia l o blig atio ns o f th e o th er p arty an d each p arty h ad , o r re aso nab ly c o uld h av e h ad , a n a d eq u ate k now le d ge o f th e p ro perty a n d f in an cia l o blig atio ns o f th e oth er p arty . S E C TIO N 4 C O NTR O LLIN G L A W This r e v ocatio n s h all b e c o n tr o lle d , c o nstr u ed a n d g iv en e ffe ct b y a n d u nder th e la w s o f th e Sta te o f S outh D ak ota . It is th e in te n t o f th e p artie s th at th e re v ocatio n b e e n fo rc ed to th e fu lle st ex te n t p erm is sib le u nder a p plic ab le l a w s a n d p ublic p olic ie s. S E C TIO N 5 S U CCESSO RS A ND A SSIG NS This r e v ocatio n s h all b e b in d in g u pon a n d in ure to th e b en efit o f th e p artie s h ere to a n d th eir re sp ectiv e s u ccesso rs , a ssig ns, e x ecu to rs , a d m in is tr a to rs , a n d l e g al r e p re se n ta tiv es.IN W IT N ESS W HER EO F, th e p artie s h av e e x ecu te d th is a g re em en t o n th e d ay a n d y ear fir s t a b ov e w ritte n . _ ___________________________ F IR ST P A RTY ( “ W IF E ”)_ ____________________________S E C O ND P A RTY ( “ H USB A ND”) A ppro ved :A tto rn ey f o r F ir s t P arty : _ __ ________________________________ A tto rn ey f o r S eco nd P arty : _ ______________________ __________ N ote : T his a g re em en t m ust b e e x ecu te d b efo re a n ota ry p ublic . - 3 - 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) executed the same.___________________________________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) executed the same.___________________________________Notary Public, State of Printed Name:________________________ Commission Expires: _________________

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