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terms of this Agreement, it being understood that time is of the essence for the completion of this • transaction. Dennis M. and Monica S. Forbes, husband and wife (the "Forbes"), are title holders of record to an undivided one-half interest in the Hiter property described herein. Although the Forbes are not plaintiffs in this Action, they have executed this Agreement and they agree that it shall obligate them to execute any documents necessary to convey the property and to remove any liens or other encumbrances on the property that may be necessary to consummate this property transaction. With respect to the two property transactions described in this Section C, Defendants shall be: (i) responsible for preparation of the deeds and deeds of trust for review and consideration by the affected Plaintiff(s) and their counsel; (ii) responsible for obtaining any necessary governmental approvals with full cooperation of the affected Plaintiff(s) and any non - plaintiffs with an interest in the properties as described above, including, if necessary, • subdivision approvals and/or boundary adjustment approval; (iii) responsible for recordation fees, if any (including the filing of any releases as well as the recordation of the deeds and deeds of trust); and (iv) responsible for a pro -rated share of the taxes due in the year of the closing. F_IL D. Settlement Contingencies. 1. Plaintiffs understand and agree that this Agreement, except for the matters explicitly identified below, is contingent upon the occurrence of the following events, any and all of which may be waived by the Defendants in their sole discretion. There are no other contingencies to this Agreement being legally binding upon the Parties other than those set forth below. Unless waived by the Defendants in their sole discretion, this Agreement will not become effective and binding upon the Parties unless: 30