Fill and Sign the Az Warranty Form

© 2016 - U.S. Legal Forms, Inc.       ARIZONA SPECIAL WARRANTY TIMESHARE DEED [Trust to Husband and Wife and Two Individual ] Control Number: AZ-067-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. FORMS TO BE FILED WITH THIS INSTRUMENT: There must be appended to the deed an affidavit stating the value of the property and other information. Forms for this affidavit may be obtained from the Arizona Department of Revenue. See form No. 82162 entitled “Affidavit of Property Value” at: http://www.azdor.gov/Forms/Property.aspx Note the “exemption codes” that must be placed in the form if applicable. For example: “Affidavit of Property Value: attached Exempt under § 11-1134-B3” III. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Arizona, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” “as community property with the right of survivorship ,” IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Arizona. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This document prepared by (and after recording return to): Name:       Firm:       Address:             Phone:       Affidavit of Property Value: attached Exempt under § 11-1134-       SPECIAL WARRANTY TIMESHARE DEED THIS INDENTURE , made this day between: GRANTOR:       an individual, whose street address is       , as Trustee under the provisions of a trust agreement dated       , 20       , and known as the       Trust, AND GRANTEES:       , whose address is       , and       , whose address is       , Husband and Wife; and       , whose address is       and       , whose address is       individuals. WITNESSETH , that Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt whereof is hereby acknowledged, do hereby grant and convey to Grantees, as Special Warranty Timeshare Deed Page 1 of 2 joint tenants with the right of survivorship , and Grantee’s heirs, successors and assigns forever, the following described property, situate, lying and being in the County of       , Arizona, to-wit: Unit       , (Week       and Share       ) in       (Name of property of which the timeshare is a part), being a timeshare estate subject to a timeshare plan created under the Arizona Statutes, by a timeshare declaration dated       and recorded on       (date) in the Office of the Recorder for       County, Arizona, at Docket       , Page       . SUBJECT TO: Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record , and the following:       GRANTOR warrants that Grantor has the right and authority to transfer the property under the terms of the trust and has neither permitted or caused any change or encumbrance to the detriment of the property. AND THE SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantees against the claims of those persons claiming by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF , the Grantor, acting in his capacity as Trustee of the       Trust, has executed the above instrument on this the       day of       , 20       .       Name of Trust By: Signature       Type or Print Name State of Arizona , County of       The foregoing instrument was acknowledged before me this       day of       , 20       , by       , as Trustee of the       Trust. Special Warranty Timeshare Deed Page 2 of 2 Notary Public       Print or Type Name My Commission Expires:       Special Warranty Timeshare Deed Page 3 of 2