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HomeMy WebLinkAbout1587 . • , • i. . . ~ . . ~ ~ i 79 194 R. 12. Provision Against Recording. This agreement shall not be made of publ~c record in any way. In the event it becomes . t of public record, each of the Owners hereby gran~s to Trustee a power to lease or to sell the lands or any portion thereof at public or private sale without notice to anyone. 13. Transfer of Owner~s Interest. No sale or transfer ; of any interest of Owners shall be valid or binding on Trustee unless and until an executed counter-part of the assignment or other instrument evidencing such sale or transfer has been filed ~ ~ with the Trustee, excepting only where such interest may pass or be transferred by a decree, order or ~udgment by a court of competent ~urisdiction, or by operation of law, and then only upon proof satis- ~ factory to Trustee of the legality and sufficiency of the proceedings in such matter being presented to Trustee, and the expenses of ~ Trustee in connection therewith first paid. Al1 assi~nments and other instruments evidencing sales and transfers shall be in writing and shall be signed and acknowledged by the Owner 3oined by his spouse and with the diganity required of a conveyance of land. ' i 6 14. Amendment. This agreement may be amended or ; revoked only by the unanimous action of the Owners, which i ~ ~ action shall be signed and acknowledged by each of the Owners ¢ ~oined by their spouses and in addition thereto, such amend- ~ r~.,ent or revocation must also have the written consent an ~ - ~ ~ a~~roval of the Trustee and the Attorney-in-Fact and the execu- ' g tion of such amencment shall be with the di~ity required of a c~*:veyance of land. , ~ ~ ~ 15. Successor Trustee. The parties do hereby irrevocably ~ ~ ~ appoint Carl M. Sheffield as the first successor trustee to serve ~ ~ in the event of the death or resignation of 0. G. YicWhorter9 as ~ ~ ~ ~ Trustee. In the event of the death or resignation of both O. G. i ~ ~ t : rlc;~Ihorter and Carl M. Sheffield, a successor Trustee shall be ; ~ ~ appointed by a writing signed and acknowledged by a ma~ority in Y~ ~ ~ interest of Owners ~oined by thelr spouses and executed with the ~ ~ - ~ "I ~ ~ ~ooK 3O8 Pac~ 516 ~ _ :L- ~~r: BO~iK 312 FaGE ~585 M_...~ _ . . _ ~ ~ _ - . _ - ,