Fill and Sign the Control Number Nd 022 78 Form

© 2016 - U.S. Legal Forms, Inc. NORTH DAKOTA MINERAL DEED [Individual to Husband and Wife] Control Number: ND-022-78 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. CONCURRENT OWNERSHIP. In the State of North Dakota, real property can be held by more than one person (concurrent estates) in the following ways: A. If the Grantees ARE NOT married to each other, they can hold the property as: 1. 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. 2. 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. B. If the Grantees ARE married to each other, they can hold the property as: 1. Tenants in Common – See above 2. Joint Tenants with the Right of Survivorship – See above C. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common or Joint Tenants with Right of Survivorship. D. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ E. For example: “Husband and Wife, as Tenants in Common ,” III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of North Dakota. 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 T HE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Mineral Deed Page 1 of 3 MINERAL DEED [Individual to Husband and Wife] This deed is made by , a single person, Grantor, to and , Grantees, whose post office address is . For valuable consideration, Grantor grants and conveys to Grantees, Husband and Wife, as , an undivided interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described lands situated in County, State of North Dakota, to-wit. See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description: containing acres, more or less, together with the rights of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas or other minerals, and storing, handling, transportation and marketing the same there from with the right to remove from said land all of Grantee's property and improvements. This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas lease heretofore executed and now of legal record; it being understood and agreed Mineral Deed Page 2 of 3 that said Grantees shall have, receive and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits that may accrue thereunder from and after the date hereof, precisely as if the Grantees herein had been at the date of the making of said lease the owner of a simila r undivided interest in and to the lands above described and none other and grantee one of the lessors therein. Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted and likewise agrees that Grantees herein shall have the right at any time to redeem for said Grantor by payment any mortgage, taxes, or other liens on the above described land, upon default in payment by Grantor, and can be subrogated to the rights of the holder hereof. In addition to the foregoing, Grantor does hereby Transfer, Assign, and Set Over unto Grantees all of Grantor's interest in and to all monies, proceeds, income, and all other personal properties now on hand or in the possession of any third party, bank, trustee, or pipeline company, which have heretofore accrued to the mineral and/or royalty interest of Grantor in said land that has been herein conveyed to Grantees. Grantor does hereby irrevocably appoint and constitute Grantees as Grantor’s agent and attorney- in-fact for the limited purpose only of executing division orders, transfer orders, and all instruments as may be necessary to make fully effective this conveyance of interests, so that Grantees may act in Grantor’s place and stead for this limited purpose only. Grantor covenants that he is well seized in fee of the premises, which he has the right to sell and convey, and which are free from encumbrances except those of record. Further, he will warrant and defend the premises in the quiet and peaceable possession of the Grantees. Dated this the ______ of ____________, 20______ Grantor’s Signature Type or Print Name State of ____________, County of __________________ On this the ______ day of __________________, 20______, before me, a notary public, personally appeared ______________________________ who acknowledged to me his execution of the foregoing instrument. Signature of Notary Public , Notary Public My Commission Expires: (County and State) I certify the requirement for a report of statement of full consideration paid does not apply because this deed is for one of the transactions exempted by Subdivision ______ of Subdivision 6 of Section 11-18-02.2 NDCC. I certify that a report of the full consideration paid for the property described in this deed has been filed with the North Dakota State Board of Equalization. Mineral Deed Page 3 of 3 I certify that the full consideration paid for the property described in this deed is $____________. (Check and complete one paragraph above.) Dated: Signed: _______________________________ (GRANTEE OR AGENT) Mineral Deed Exhibit A EXHIBIT A Grantor: First Grantee: Second Grantee: