Fill and Sign the More and the Trustee Designated below and Shall Be Governed and Administered Form

- 1 - PREMARITAL 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 PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY. THIS AGREEMENT, made this ____ day of ________________, 20____, between ___________________________ (Name), of ______________________________ (Address), _____________ (State) ("first party or Wife"), and _____________________ (Name), of ____________________________ (Address), _____________ (State) ("second party or Husband"), W I T N E S S E T H WHEREAS, Husband (check all that apply): has previously been married; has a child or children; has not been married; and Wife (check all that apply): has previously been married; has a child or children; has not been married. The parties desire to enter into this agreement prior to their contemplated marriage. WHEREAS, the parties hereto have accumulated separate estates; and WHEREAS, the parties are about to contract marriage and execute this agreement in contemplation of marriage to be effective upon their marriage in accordance with the laws of the State of New York, including any Uniform Premarital Agreement Act, or other applicable laws, adopted by the State of New York; and WHEREAS, the parties desire to enter into an agreement regarding certain properties, responsibilities, duties and obligations including but not limited to any interest, present or future,
(name), of (address), (state) (check all that apply): is not related to second party or husband (check all that apply); and is not related to husband (check all that apply). In consideration for the foregoing agreement the parties acknowledge that all terms and agreements and understandings by them hereto, as well as any provision of any and all documents, will be confirmed and be binding upon both parties as of the date the present agreement and any documents hereto are executed. By executing this first document, the parties hereto hereby represent and warrant to each other, among other things, that such agreement as modified does not adversely affect the rights or interests of either party herein and that such agreement includes or incorporates in whole or in part the terms of the proposed agreement and any modification thereto. First party or wife agrees to notify third party or husband (check all that apply): that in the event any portion or part of any agreement (including and including this agreement) is found by the court or other official or agency, or by the parties to be an illegal, unconscionable, or unconscionable contract or provision of law, that the party of the party will not enforce such illegal or unconscionable contract or provision of law but will instead defend such illegal or unconscionable contract or provision of law and shall enter into a settlement agreement or other legally binding agreement with the party of the party. Second party or husband agrees that should any portion or part of such agreement be found by the court or other official or agency to be an illegal, unconscionable, or unconscionable contract or provision of law, and the party of the party is unable to agree or defend the contract or provision of law, the second and third parties will agree to enter into a settlement agreement or other legally binding agreement with the second and third parties to defend such contract or provision of law. The parties hereby agree that neither party shall have the right to institute an action in court for the award of damages, attorneys' fees or costs or for any other remedy that may be available to them under the laws of any state or federal government or under any constitutional or statutory provision of any state or federal government. The parties further agree that, should they agree to enter into this agreement, the parties will also enter into this agreement as joint tenants or tenants by the entirety with each other or in the event of a marriage without using a common will with each other. Third party or husband agrees that, in the event any portion or part of.