Fill and Sign the South Dakota Property Form

AGREED REVOCATION OF 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 PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY 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 ________________ , 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 H WHEREAS, 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 hereby desire to revoke the postnuptial agreement; and 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, THEREFORE, in consideration of the mutual promises, covenants, warranties and other benefits and advantages accruing to each party, the parties agree as set forth above and below as follows: SECTION 1 REVOCATION The postnuptial agreement entered into between the Parties and referenced above is hereby revoked and cancelled for all purposes. The Parties’ rights and obligations shall be governed by the laws of the State of South Dakota and any other agreements the Parties may enter into. SECTION 2 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 revocation signed by both parties. - 1 - SECTION 3 ABSENCE OF DURESS OR UNDUE INFLUENCE 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 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 4 CONTROLLING LAW This revocation shall be controlled, construed and given effect by and under the laws of the State of South Dakota. It is the intent of the parties that the revocation be enforced to the fullest extent permissible under applicable laws and public policies. SECTION 5 SUCCESSORS AND ASSIGNS This revocation 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 day 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. STATE OF ___________________ COUNTY OF _________________ - 2 - 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: _________________ - 3 -