ANTENUPTIAL AGREEMENT
THIS AGREEMENT made this _____ day of ________________ , 2 , by and
between ________________ (hereinafter " _____ ") of ________________ County, Minnesota, and
________________ (hereinafter " _____ ") of _________ County, Minnesota.
WHEREAS, _____ and _____ intend to be married within a short time; and
WHEREAS, _____ and _____ have each disclosed to the other the full and complete nature
and extent of their respective earnings, assets and liabilities and have attached hereto as Exhibit "A"
a description of _____ 's earnings, assets and liabilities which has been signed and dated by _____
and as Exhibit "B" a description of _____ 's earnings, assets and liabilities which has been signed
and dated by _____ ; and
WHEREAS, each of the parties has been advised that as a result of such marriage, in the
absence of this Antenuptial Agreement, the other would acquire certain rights in the property of the
other in the event of the other's death or in the event of the dissolution of their marriage; and
WHEREAS, each party has entered into the terms of this agreement after full and fair
financial disclosure by the other party. Each party has consulted with independent counsel prior to
the execution of this Agreement. Both parties have thoroughly thought through and discussed the
scope and ultimate effect this Agreement will have on each party in the future, in the event that
there is a decree for dissolution, annulment or legal separation.
WHEREAS, each of the parties has agreed to release any and all marital rights or any other
rights in the property of the other so that, except as otherwise provided herein, the survivor will
have no rights whatsoever in the estate of the first of them to die and neither party will have any
claim against the property of the other in the event of the dissolution of their marriage except as
provided herein; and
WHEREAS, the making of this Agreement is a condition precedent to the solemnization of
the marriage of the parties;
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NOW THEREFORE, in consideration of the contemplated marriage between the parties,
the parties on going relationship for a period of __ years and the mutual promises contained in this
Agreement and with the intent to be legally and equitably bound by the provisions hereof, the
parties agree as follows:
ARTICLE 1
Release of Marital Rights
1.1 _____ represents that (s)he has been fully informed by his/her counsel,
______________ , Esquire, of the ______________ Law Office, _______________________ ,
_______________________ , _____________ , Minnesota, _______ , as to his/her legal rights and
claims that (s)he would have under the laws of the State of Minnesota, in the absence of this
Antenuptial Agreement, in and to and against _______ 's property, real, personal and mixed, in the
event of the dissolution of their marriage, and against _______ 's estate in the event that (s)he
survives him/her as his/her widow(er), and of the procedural and substantive fairness standards
under common law under Minnesota Statutes and the criteria set forth by the Minnesota Supreme
Court in McKee-Johnson v. Johnson , 444 N.W.2d 259, (Minn. Sup. Ct., 1989) and with full
knowledge of said rights and claims (but subject to the provisions of this Agreement) (s)he does
hereby waive, relinquish, quitclaim and release on behalf of him(her)self, his/her heirs, legal
representatives and assigns any and all claims, rights, title and interest of every kind and nature
whatsoever, directly or indirectly, in and to any of _______ 's property which (s)he may now have
or hereafter acquire, including, without limiting the generality of the foregoing, any and all rights
and claims which might be asserted in the event of a legal separation or in the event of the
dissolution of their marriage and any and all rights and claims in the nature of dower, statutory
interest, surviving spouse's right of election to take an elective share, surviving spouse's rights to the
homestead, exempt property, family allowances and post-death maintenance, rights to renounce or
elect against the other's will or conveyances made by the other, or of like nature, which might be
asserted in the event of _______ 's death, and without regard to which one of the parties hereto
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survives the other, it being the intention hereof that, except as otherwise provided in this
Agreement, by virtue of such marriage _______ shall not have or acquire any right, title, interest or
claim whatsoever in or to any of the real or personal estate of _______ , including any property
which may be given or conveyed to him/her by _______ hereafter, and that except as otherwise
provided in this Agreement, all of the same may descend to and be distributed to his/her heirs-at-
law (other than _______ ), legatees, devisees and donees, all as may be prescribed by his/her Last
Will and Testament or other testamentary disposition, or by the laws then in force or by any other
lawful means or effected by instrument executed or any action done during his/her lifetime, and all
as though no marriage between the parties hereto had ever taken place. _______ further agrees that
whether or not he survives _______ , (s)he or his/her legal representatives will, upon demand of
_______ or his/her representatives, execute any and all instruments of consent, waiver, release,
quitclaim and discharge which they may request to further the purpose of this Agreement; however,
the parties intend that this Agreement be self-executing, without necessity of such further
instruments.
1.2 _______ represents that s(he) has been fully informed by his/her counsel,
______________ , Esquire, of the law firm of _______ _______ , _______ , ______________ ,
______________ , ______________ , ______________ , ______________ , _______ , as to his/her
legal rights and claims that (s)he would have under the laws of the State of Minnesota, in the
absence of this Antenuptial Agreement, in and to and against _______ 's property, real, personal and
mixed, in the event of the dissolution of their marriage, and against _______ 's estate in the event
that (s)he survives him/her as his/her widow(er), and of the procedural and substantive fairness
standards under common law, under Minnesota Statutes and the criteria set forth by the Minnesota
Supreme Court in McKee-Johnson v. Johnson , 444 N.W. 2d 259 (Minn. Sup. Ct., 1989) and with
full knowledge of said rights and claims (but subject to the provisions of this Agreement) (s)he does
hereby waive, relinquish, quitclaim and release on behalf of himself/herself, his/her heirs, legal
representatives and assigns any and all claims, rights, title and interest of every kind and nature
whatsoever, directly or indirectly, in and to any of _______ 's property which (s)he may now have
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or hereafter acquire, including without limiting the generality of the foregoing, any and all rights
and claims which might (s)be asserted in the event of a legal separation or in the event of the
dissolution of their marriage and any and all rights and claims in the nature of dower, statutory
interest, surviving spouse's right of election to take an elective share, surviving spouse's rights to the
homestead, exempt property, family allowances and post-death maintenance, rights to renounce or
elect against the other's will or conveyances made by the other, or of like nature, which might be
asserted in the event of _______ 's death, and without regard to which one of the parties hereto
survives the other, it being the intention hereof that, except as otherwise provided in this
Agreement, by virtue of such marriage _______ shall not have or acquire any right, title, interest or
claim whatsoever in or to any of the real or personal estate of _______ , including any property
which may be given or conveyed to him/her by _______ hereafter, and that except as otherwise
provided in this Agreement, all of the same may descend to and be distributed to his/her heirs-at-
law (other than _______ ), legatees, devisees and donees, all as may be prescribed by his/her Last
Will and Testament or other testamentary disposition or by the laws then in force or by any other
lawful means or effected by instrument executed or any action done during his/her lifetime, and all
as though no marriage between the parties hereto had ever taken place. _______ further agrees that
whether or not (s)he survives _______ , (s)he or his/her legal representatives will upon demand of
_______ or his/her representatives execute any and all instruments of consent, waiver, release,
quitclaim and discharge which they may request to further the purpose of this Agreement; however,
the parties intend that this Agreement be self-executing, without the necessity of such further
instruments.
1.3 _______ and _______ agree that this Agreement has been entered into voluntarily,
that each has made a complete and full disclosure of his or her earnings and property as of the date
of the Agreement to the other, that each has had ample opportunity and time to consult with legal
counsel of his or her own choice concerning the effect of the provisions of this Agreement, and that
the provisions of this Agreement meet the procedural and substantive fairness requirements for a
valid Antenuptial Agreement under common law and Minnesota Statutes and the procedural and
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substantive fairness criteria set forth by the Minnesota Supreme Court in McKee-Johnson v.
Johnson , 444 N.W. 2d 259 (Minn. Sup. Ct., 1989). _______ and _______ further agree and
acknowledge that the provisions of this Agreement have not resulted from any overreaching by one
party over the other due to the relationship existing between them at the time of execution of this
Agreement, nor does either of them foresee any future circumstances which might cause the
provisions of this Agreement to become so one-sided as to be deemed oppressive or
unconscionable.
ARTICLE 2
Exclusion of Inter-Spousal Gifts
2.1 Nothing in this Agreement shall be construed as a waiver or renunciation by _______
of any gift, bequest or devise which may be made to him/her by _______ , but this provision shall
not be construed as a promise or representation that any such gift, bequest or devise will be made
by _____ to _______ .
2.2 Nothing in this Agreement shall be construed as a waiver or renunciation by _______
of any gift, bequest or devise which may be made to him/her by _______ , but this provision shall
not be construed as a promise or representation that any such gift, bequest or devise will be made
by _______ to _______ .
ARTICLE 3
Exclusion of Joint Tenancy Property and
Property Passing by Beneficiary Designation
3.1 Except as otherwise provided herein, nothing in this Agreement shall be construed as a
waiver or renunciation by _______ of any property, real, personal or mixed, which (s)he may
acquire as a surviving joint tenant or as a designated beneficiary, but this provision shall not be
construed as a promise or representation that any such joint tenancy shall be created or that any
such beneficiary designation shall be made.
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3.2 Except as otherwise provided herein, nothing in this Agreement shall be construed as a
waiver or renunciation by _______ of any property, real, personal or mixed, which (s)he may
acquire as a surviving joint tenant or as a designated beneficiary, but this provision shall not be
construed as a promise or representation that any such joint tenancy shall be created or that any
such beneficiary designation shall be made.
ARTICLE 4
Rights during the Marriage
4.1 During the marriage of the parties:
4.2 Neither party shall acquire by reason of the contemplated marriage for himself or
herself, his or her heirs, assigns, or creditors, any interest in, or right to control the other's property;
4.3 The property of each party shall be subject to such party's exclusive control and use,
and each party shall have the right to encumber and dispose of any of such party's property upon his
or her sole signature;
4.4 Either party may, during life or at death, restore statutory or other rights of the other
party, and no such restoration shall be construed as a waiver or release of other rights or obligations
under this Agreement; and
4.5 Neither party shall be responsible for or obligated to pay any liability incurred by the other;
each party's property shall remain free from any encumbrance arising from liabilities of the other;
and if either party is required by law to pay a liability of the other, such other party shall indemnify
and reimburse the payer party.
ARTICLE 5
Treatment of Real Estate
5.1 With respect to any real estate now owned or subsequently acquired by _______
with his/her separate assets and earnings, the parties hereto agree that, in the event of _______ 's
death, except as otherwise provided in this Agreement, such property shall descend to _______ 's
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heirs-at-law (other than _______ ), legatees and devisees, all as may be prescribed in his/her Last
Will and Testament, by other testamentary disposition or by the laws then in force or by any other
lawful means or effected by instrument executed or any action done during his/her lifetime, all as
though no marriage between the parties hereto had ever taken place. _______ agrees that (s)he will
upon demand of _______ 's estate representatives execute, acknowledge and deliver any and all
instruments of release, quitclaim and discharge which they may request to further the purpose of
this Agreement. The provisions of Paragraph 5.1 shall apply only to real property that remains
_______ 's separate property. The provisions of Articles 2 and 3 shall govern the disposition of any
real property of the parties or any interest in such property that subsequent to the date hereof may
be transferred to _______ .
5.2 With respect to any real estate now owned or subsequently acquired by _______
with his/her separate assets and earnings, the parties hereto agree that, in the event of _______ 's
death, except as otherwise provided in this Agreement, such property shall descend to _______ 's
heirs-at-law (other than _______ ), legatees and devisees, all as may be prescribed in his/her Last
Will and Testament, by other testamentary disposition or by the laws then in force or by any other
lawful means or effected by instrument executed or any action done during his lifetime, all as
though no marriage between the parties hereto had ever taken place. _______ agrees that (s)he will
upon demand of _______ 's estate representatives execute, acknowledge and deliver any and all
instruments of release, quitclaim and discharge which they may request to further the purpose of
this Agreement. The provisions of Paragraph 5.1 shall apply only to real property that remains
_______ 's separate property. The provisions of Articles 2 and 3 shall govern the disposition of any
real property of the parties or any interest in such property that subsequent to the date hereof may
be transferred to _______ .
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ARTICLE 6
Disposition of Property at Death
6.1 Rights Upon Death . In the event of the death of either party:
6.2 The surviving party shall have no right in the property or estate of the deceased party
except as authorized by this agreement;
6.3 Each party renounces any right he or she would have as surviving spouse in the
property or estate of the deceased party under any law governing the descent and distribution of
intestate property, and if any interest in the property or estate of the deceased party is held to have
passed to the surviving party under any such law, the surviving party shall disclaim such interest or
immediately transfer it to those who would have been entitled to receive it had he or she not
survived the deceased party; and
6.4 Each party renounces any right he or she would have to receive any allowance for
maintenance during administration of, or to select assets from, the estate of the deceased party
under Minnesota Statutes, Section 525.15.
6.5 In the event of _______ 's death, _______ agrees to leave outright to _______
$ _______ or assets (whichever is greater) of a value equal to not less than one-third (1/3) of the
sum of (1) his/her adjusted gross estate, (2) the value of any "qualified joint interests" as defined by
Section 2040(b) of the Internal Revenue Code of 1986 not included in his/her adjusted gross estate,
and (3) _______ 's interests in any community property acquired by them subsequent to their
marriage, if any, to the extent that such interests are not included in his/her adjusted gross estate.
For purposes of this provision, _______ 's "adjusted gross estate" shall be computed by subtracting
from his gross estate, as finally determined for federal estate tax purposes, the amount of the
deductions finally allowed in his/her estate by Sections 2053 and 2054 of the Internal Revenue
Code of 1986. _______ agrees to leave his/her interest in their principal residence at
_____________________ , ___________ , and his/her interest in the property located at _______
_______ , ___________ , _______ to _______ outright.
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ARTICLE 7
Disposition of Property in
Event of Separation or Dissolution
7.1 In the event that the marriage of the parties is solemnized and thereafter the parties
are legally separated or their marriage is dissolved, then, without regard to fault on the part of one
or both of the parties and without regard to which of the parties shall seek such separation or
dissolution, the parties intend, pursuant to Minnesota Statutes, Section 518.54, Subd. 5(e), to
exclude from treatment as "marital property" and, therefore, to treat as "non-marital property" under
the provisions of Minnesota law, thereby excluding such property from judicial apportionment
under Minnesota Statutes, Section 518.58, or under the laws of any other state of competent
jurisdiction, the following types of property:
(a) all of their property, real or personal, acquired by either of them or by the
trustee or trustees of a revocable trust established by either of them during
her or his lifetime, before, during or after the existence of their marriage;
(b) all property acquired before, during or after the existence of their marriage,
as a gift, bequest, devise or inheritance from a third party to one but not the
other party;
(c) all property which is income earned by a party before, during or after the
existence of their marriage or which is acquired with such earned income
and all property which is income generated by any property which is
described in this Agreement or which is acquired with income generated by
any such property; and
(d) all property which is acquired in exchange for or which is the increase in
value of any property which is described in this Agreement.
7.2 The parties expressly agree that after the solemnization of their marriage, each of
them shall separately hold and control all rights in and to his or her own property, whether now
owned or hereafter acquired, and the proceeds or reinvestment of the proceeds of any such property,
free and clear of any and all claims by the other party, and, except as otherwise provided in this
Agreement, each of them shall have the absolute and unrestricted right to dispose of such property
free from any claim that may be made by the other by reason of their marriage, with the same effect
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as if no marriage had been commenced between them.
7.3 The parties expressly agree that in the event there is a proceeding commenced for
dissolution of the marriage, annulment or legal separation with regard to the parties' marriage, the
parties hereto hereby agree that in lieu of an award of maintenance to _______ by a court of
competent jurisdiction _______ shall pay to _______ as spousal maintenance the sum set forth
below as follows:
Length of Marriage Amount of Maintenance
Less than 3 years $0
3-5 years or more $1,000 per
month for a period Less than
6 years of the time that equals the length of time the
parties were married until a proceeding is
commenced for dissolution of marriage, annulment
or legal separation.
6 years or more $2,000 per month for a
period of time which equals the length of time the
parties were married until a proceeding is
commenced for dissolution of marriage, annulment,
or legal separation.
Pursuant to the principles of Karon v. Karon , 435 N.W.2d 501 (Minn. 1989), as codified at
Minnesota Statute Section 518.552, subdivision 5, _______ hereby waives, now and for the future,
his/her right, if any, to any modification of the duration or amount of maintenance under any
circumstances whatsoever. This waiver is made in consideration of marriage, the above spousal
maintenance payments, and the property settlement set out in this Agreement. The parties expressly
agree that in the event a decree of dissolution is entered the trial court shall pursuant to Minnesota
Statutes Section 518.552 make specific findings that this Agreement is fair and equitable, is made
in consideration of marriage, the above spousal maintenance payments, and the property settlement
contained in this Agreement. The parties have expressly agreed to preclude and limit the
modification of this maintenance award as to both duration and amount.
7.4 The parties expressly agree that in the event there is a proceeding commenced for
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dissolution of the marriage, annulment or legal separation _______ shall pay to _______ , within
ninety (90) days after the entry of a decree of dissolution, annulment, or legal separation an amount
determined under the following schedule less the fair market value of any gifts (other than gifts of
tangible personal property) made by _______ to _______ during the marriage, as a property
settlement in lieu of an award of property to _______ by a court of competent jurisdiction as
follows:
Length of Marriage Prior to
Commencement of Dissolution ,
Annulment, or Legal
Separation Proceeding Amount to be Paid
0-1 years $ 50,000
1 year or more
Less than 2 years $100,000
2 years or more
Less than 3 years $175,000
3 years of more
Less than 4 years $250,000
4 years or more
Less than 5 years $325,000
5 years or more
Less than 6 years $400,000
6 years or more
Less than 7 years $475,000
7 years or more
Less than 8 years $550,000
8 years or more
Less than 9 years $625,000
9 years or more
Less than 10 years $700,000
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10 years or more
Less than 11 years $775,000
11 years or more
Less than 12 years $850,000
12 years or more $900,000
ARTICLE 8
Change of Domicile
_______ and _______ agree, in the event that at any time during their marriage they
become domiciled in any "community property" state, under the laws of which in the absence of an
antenuptial agreement, spouses acquire property interests in community, or they become domiciled
in any other state under the laws of which property interests, in the absence of an antenuptial
agreement, are different from the property interests of spouses under the laws of the State of
Minnesota, their non-marital property interests as defined under this Agreement shall nevertheless
remain the separate property of the party acquiring the same except to the extent otherwise provided
herein.
ARTICLE 9
Benefits of Value
The parties hereto recognize that certain benefits of value may be enjoyed by each by reason
of the marriage relationship. For example, either may have a reduced income tax on his or her
income by reason of filing a federal joint income tax return, or a reduced federal gift tax by reason
of provisions in the federal gift tax laws which permit each to report one-half of the gifts of the
other. In any such case, the party benefited shall have no obligation to reimburse the other party in
any way for the benefit so obtained.
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ARTICLE 10
Special Tax Provisions
In the case of joint income tax returns, or gift tax returns in which one party reports part of
the gifts of the other, the party whose income or gifts are so reported shall bear all liability
theretofore, shall be entitled to any refunds relating thereto, and shall have sole control over all
decisions, questions, audit, controversies or litigation relating thereto; provided, however, that such
party shall indemnify and save harmless the other party from any liability with respect to such
matters; and provided further that the foregoing provisions shall not obligate or require either party
to file such joint income tax return or such gift tax returns, but if such a return is in fact filed, each
party shall cooperate fully to enable the party whose income or gifts are so reported to have full
control over such reporting and over any matters related thereto, including the execution of such
waivers of the statute of limitations, appointment of agents and attorneys, execution of protests,
petitions to the Tax Court or complaints in Courts, as may be necessary or desirable in the sole
judgment of the party whose income or gifts are so reported. In the event of the death of such
party, his or her personal representatives shall have the same rights (subject to the same obligation
to indemnify and save harmless the other party) as the deceased party; and if the other party is
deceased, his or her personal representatives shall be under the same duty as the deceased party to
cooperate with the other party (or the personal representatives of such party) whose income or gifts
are so reported.
ARTICLE 11
Consents
Each party hereto agrees that he or she will sign an appropriate Consent to the terms and
conditions of the Last Will and Testament of the other party, including Codicils thereto and any
future wills of the other party; provided, however, that the parties agree that neither the failure of
either or both of them to request the consent of the other party nor the failure of either or both of
them to execute such consent as requested shall in any way affect the validity or enforceability of
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the provisions of this Agreement, or the validity or enforceability of such Last Will and Testament.
ARTICLE 12
Severability of Provisions of Agreement
The parties agree that, in the event one or more of the provisions of this Agreement shall for
any reason be held to be invalid, the Agreement shall in all other respects remain in full force and
effect according to its terms.
ARTICLE 13
Effectiveness
This Agreement shall be and become effective only in the event that the contemplated
marriage between the parties hereto shall be solemnized, and if such contemplated marriage shall
not be solemnized, then and in such event this Agreement shall be and become wholly null and
void. If for any reason the contemplated marriage between the parties is deferred beyond the date
now contemplated, this Agreement shall nevertheless be valid and enforceable according to its
terms.
ARTICLE 14
Modification
The terms and provisions of this Agreement shall be subject to modification and
amendment by mutual agreement of the parties at any time and from time to time, but such
modifications and amendments shall be effective only after they have been made in writing and
executed and acknowledged by the parties hereto.
ARTICLE 15
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Interpretation
The validity, execution, enforcement and construction of the terms and provisions of this
Agreement shall be governed by the laws of the State of Minnesota. To the extent permitted by
law, the rights of the respective parties hereunder shall be determined in accordance with the
provisions of Minnesota law in effect on the date of execution of this Agreement.
ARTICLE 16
Effect of Waiver
The parties agree that the failure of either of them at any time to require the performance by
the other party of any of the terms and conditions hereof shall in no way waive or otherwise affect
such party's right thereafter to enforce the same, nor shall a waiver by either party of any breach of
any of the terms and conditions hereof be held or construed to be a waiver of the right to redress
any succeeding breach of such terms and conditions or as a waiver of any term or condition itself.
ARTICLE 17
Further Instruments
Each party hereby agrees that, upon request of the other, he or she will execute,
acknowledge and deliver any additional releases, conveyances or other instruments, or join in any
such instruments, which may be necessary or expedient from time to time to implement the
provisions of this Agreement.
ARTICLE 18
Attorney Fees and Costs
In the event either party attempts to have this Agreement declared null and void by any
court, then the defending party shall be entitled to recover his or her reasonable attorney's fees and
costs in defending the validity of this Agreement regardless of which party prevails.
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ARTICLE 19
Effect of Agreement
19.1 This Agreement shall bind the parties hereto, their respective heirs, executors,
administrators, legal representatives, successors and assigns.
19.2 Both _______ and _______ agree that this agreement has been voluntarily entered
into. Both _______ and _______ agree that each has made a complete and full disclosure to the
other of all assets and liabilities that each of them has as of the date of this agreement. Both
_______ and _______ acknowledge that they have been advised by their respective counsel that
this agreement meets procedural and substantive fairness standards under common law and M.S.A.
519.11 and the criteria set by the Minnesota Supreme Court in McKee-Johnson v. Johnson (444
N.W.2d 259) Minn. 1989.
19.3 Both parties acknowledge that they cannot reasonably foresee any future
circumstances including the death of either party or the dissolution of their marriage that would
render the terms of this agreement oppressive or unconscionable. Both parties believe that neither
of them is overreaching due the relationship currently existing between them at the time of the
execution of this Agreement.
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IN WITNESS WHEREOF, the parties have signed and acknowledged this Agreement as of the
day and year first above written.
In the presence of:
___________________________ _____ _ . _____ (" _____ ")
___________________________ _____ _ . _____ (" _____ ")
STATE OF MINNESOTA )
)ss.
COUNTY OF ________ )
_________________ , being duly sworn according to law, acknowledges the execution of
this Agreement as his/her free act and deed with the full understanding of the import thereof.
Dated:
Subscribed and sworn to before me this ________
day of ____________, 20___.
_______________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF ________ )
_________________ , being duly sworn according to law, acknowledges the execution of
this Agreement as his/her free act and deed with the full understanding of the import thereof.
Dated:
Subscribed and sworn to before me this ________
day of ____________, 20___.
_______________________________
NOTARY PUBLIC
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