Fred J. Pettid - Page 12




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                  other fashion, and may not be modified except in                    
                  writing and signed by all of the parties.                           
                       10.  Binding Agreement.  This agreement                        
                  shall be binding upon the parties, their respec-                    
                  tive heirs, successors, administrators, assigns                     
                  and personal representatives.                                       
                        *     *     *     *     *     *     *                         
                       13.  Waiver of Breach.  No waiver of any                       
                  breach by either party of the terms of this                         
                  Agreement shall be deemed a waiver of any                           
                  subsequent breach.  No modification of this                         
                  Agreement shall be binding upon either of the                       
                  parties unless reduced to writing and subscribed                    
                  by both parties, unless ordered by the Court.                       

             The payments at issue in this case are the monthly payments              
             made pursuant to paragraph 1.f) above.                                   
                  On the same day that the Annulment Agreement was                    
             executed, the district court entered a decree which                      
             annulled petitioner's marriage to Ms. Wagner.  The                       
             district court found that petitioner was legally married                 
             to Ms. Wilma Rae Pettid at the time of his marriage to                   
             Ms. Wagner; therefore, the marriage of petitioner and                    
             Ms. Wagner was void as a matter of law.  The district court              
             stated that it had examined the Annulment Agreement and                  

                  finds the same to be fair, just, reasonable and                     
                  not unconscionable and hereby approves the same,                    
                  which Agreement is not being filed with the                         
                  Court, but shall be adhered to by all parties as                    
                  though said * * * Agreement * * * were filed with                   
                  the Court and set forth in its entirety in this                     
                  Agreement; that in the event either party shall                     
                  fail to abide by the terms of the * * * Agreement                   





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Last modified: May 25, 2011