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t' <br />E. David Heathom and Michele Heathom, husband and wife as joint tenants, David <br />C. Wenner and Susan L. Wenner, Trustees of the David C. Wenner and Susan L. Wenner Trust <br />Agreement of 2006, and Edward W. Heathom and Wendy Heathom as Trustees of the David C. <br />Wenner and Susan L. Wenner Trust Agreement of 2006, and Norman T.R. Heathom and Dolores <br />E. Heathom, as Trustees of the Norman T.R. Heathom Family 1999 Trust, a Revocable Living <br />Trust dated September 7, 1999, and Edward W. Heathom and Wendy Heathom, Trustees of the <br />Heathom Family Trust, dated 1-15-2007, are the current Owners of property more particularly <br />described in Exhibit "A" attached hereto and incorporated herein by this reference (the <br />"Property"), that is subject to the Agency Documents. <br />F. The purposes of the Participation Agreement, OPA, and Declaration have been <br />fulfilled; therefore, the Agency has agreed to terminate the Participation Agreement, OP A and <br />Declaration in their entirety and release Owners from any further duty or obligation under the <br />.Agency Documents. <br />TERMINATION· <br />NOW THEREFORE, in consideration of the mutual covenants set forth herein and the <br />lllutual benefits to be derived therefrom, the Owners and Agency hereby agree as follows: <br />1. Recitals. The Owners and Agency hereby confirm the accuracy of the Recitals and <br />incorporate them herein by this reference. <br />2. Termination. Agency and Owners hereby agree to the termination of the <br />Participation Agreement, OP A and Declaration in their entirety and to release Owners and their <br />successors from any further duty. or obligation under the Agency Documents. Owners hereby <br />Waive all notice rights for such termination under the Agency Documents. <br />3. Effect of Termination. From and after the "Effective Date" of this Termination (as <br />defined below), neither the Participation Agreement, OPA or Declaration, nor any other recorded <br />or unrecorded document related to the Agency Documents shall apply to, or in any manner restrict <br />or bind the Property or the owners or successor owners thereof. The Owners and successor owners <br />of the Property shall have no duties or obligations under the Agency Documents and none of the <br />restrictions or covenants. in the Agency Documents shall be binding on the Property or the Owners . <br />or successor owners thereof. Specifically, without limitation, (i) no consents or approvals shall be <br />required for any transfer of the Property, (ii) the Owners of the Property and the successors thereof, <br />shall have no obligation to complete any work on the Property, and (iii) except as required by law, <br />the Owners of the Property shall not be subject to any obligations, covenants or restrictions <br />conttinedin the Agency Documents. <br />4. Successors and Assigns. This Termination shall be binding, upon and inure to the <br />benefit of the Owners and Agency and their respective successors and assigns. <br />5. Authority. Each of the parties hereto represent and warrant that this Termination <br />has been duly authorized and executed by such party and is binding upon such party and that the <br />per)on(s) executing this Termination on behalf of such party are authorized to execute this <br />Tennination. <br />2 <br />BN !2910775vl <br />;, '