Fill and Sign the Remainderman Form

Agreement by Remaindermen to Sell Remainder Interest in Trust and/or Wills Agreement made on the       day of       , 20       , between:       (Name of Remainderman One ) of       , (street address, city, state, zip code) referred to herein as Remainderman One , and       (Name of Remainderman Two ) of       , (street address, city, state, zip code) referred to herein as Remainderman Two. Whereas, Remainderman One and Remainderman Two ant icipate inheriting or receiving a remainder interest in property that is a part of the             Trust Agreement, dated       and any will or trust are set up by       ; and Whereas, Remainderman One and Remainderman Two desire that they each receive 50 % of the remainder of any such trust or will set up by       ; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Remainderman One and Remainderman Two each agree to transfer to the other that part of either’s remainder interest so the each will receive a total of 50% of such remainder interest. By way of example, should Remainderman One received 75% of the remainder interest of the proceeds of the       Trust Agreement of       , dated       , then Remainderman One will, within       days, transfer to Remainderman Two, in property or cash, 25% of the interest of Remainderman One. Agreement by Remaindermen to Sell Page 1 of 3 Remainder Interest in Trust and/or Wills 2. No transfer of any interest of either Remainderman shall be made until the trust has terminated (or the proceeds of a will is ready to distribute to the beneficiaries) and the corpus and any accumulated income shall have been distributed to such Remainderman. 3. Upon any disagreement as to which property the remainder interest to be transferred shall consist of, the remainder interest in the property of the Remaindermen shall be sold within       days by the former Trustee or Executor of the estate from which the interests were derived for cash, and the decision of such Trustee or Executor shall be final as to the sales prices. 4. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 5. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 6. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington . 7. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 8. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 9. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 10. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Agreement by Remaindermen to Sell Page 2 of 3 Remainder Interest in Trust and/or Wills 11. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 12. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 14. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. Signature of Remainderman One Signature of Remainderman Two             Print or Type Name Print or Type Name State of Washington ) ) ss. County of       ) On this day personally appeared before me       (Name of Remainderman One) and       , to me known to be the individuals described (Name of Remainderman Two) in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this (date). NOTARY PUBLIC Who resides at:       Agreement by Remaindermen to Sell Page 3 of 3 Remainder Interest in Trust and/or Wills       (address) My Commission Expires: __________________ Agreement by Remaindermen to Sell Page 4 of 3 Remainder Interest in Trust and/or Wills