Legal Descriptions Template

LEGAL DESCRIPTIONS TEMPLATE

This Legal Descriptions Template is made and entered into as of Effective Date: by and between Preparer Name: (the "Preparer") and Client Name: (the "Client").

RECITALS

WHEREAS, the Client has requested that the Preparer prepare one or more formal legal descriptions of real property for use in documents of record, title work, surveys, or conveyance instruments; and

WHEREAS, the Preparer represents that it will prepare such legal descriptions reflecting recorded data, surveys, and title information provided by the Client or identified by the Preparer; and

WHEREAS, the parties desire to set forth the form, content, and certification language to be used for the legal descriptions and related exhibits attached to conveyance or title documents.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Legal Description" means the written description of land sufficient for identification and conveyance, including metes and bounds, lot and block reference, assessor parcel number, recorded instrument references, or other recorded descriptors required for recordation.

1.2 "Exhibit" means any map, plat, survey, or diagram appended to or referenced by a Legal Description that clarifies boundaries, dimensions, or references to recorded instruments.

2. FORM AND FORMAT OF LEGAL DESCRIPTIONS

2.1 The Preparer shall prepare each Legal Description in plain English and in a form suitable for recording, containing all necessary references to the county, state, recorded instrument numbers, book and page (or instrument number), and assessor parcel numbers where applicable.

2.2 The parties agree that the following standard elements shall be included for each parcel: Parcel Designation; County and State; Assessor Parcel Number; Recorded Reference; Acreage; Metes and Bounds or Lot/Block citation; Exhibit reference; and any coordinate or monument descriptions.

3. PARCELS AND LEGAL DESCRIPTIONS

The parties hereby set forth up to three (3) parcel descriptions below. Additional parcels shall be appended as Exhibits and incorporated herein by reference.

Parcel 1

County:    State:

Parcel 2 (Optional)

County:    State:

Parcel 3 (Optional)

County:    State:

4. SURVEYS, EXHIBITS AND ATTACHMENTS

4.1 Any Exhibit or Survey accompanying a Legal Description shall be dated, signed by the surveyor (if a survey), and referenced by exhibit letter or number. Exhibits attached or appended to this Template are incorporated by reference and shall control in the event of any conflict with abbreviated descriptions.

4.2 The Preparer shall identify the source of the boundary information used to prepare each Legal Description, including recorded plats, record of survey, or field monuments, and shall state whether boundaries are based upon record data or on an actual survey.

5. CERTIFICATION, LIMITATIONS, AND REPRESENTATIONS

5.1 The Preparer certifies that, to the best of its knowledge after reasonable inquiry, each Legal Description prepared under this Template accurately reflects the recorded information and the sources disclosed at the time of preparation. The Preparer does not warrant matters outside the scope of the provided source materials unless expressly stated in writing.

5.2 The Client acknowledges that the Preparer relies on materials provided by the Client and third-party public records; the Preparer is not responsible for hidden encumbrances, title defects, unrecorded easements, or physical conditions not revealed by the source materials unless a field survey was specifically ordered and identified as an Exhibit.

5.3 The Client shall review and approve any Legal Description prior to filing or recording. Approval may be indicated in writing, by electronic confirmation, or by execution of the signature block below.

6. INDEMNIFICATION

6.1 The Client agrees to indemnify, defend, and hold harmless the Preparer from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of the Client's failure to disclose pertinent information, reliance on an inaccurate source, or use of a Legal Description for a purpose beyond that for which it was prepared.

7. NOTICES

All notices under this Template shall be in writing and delivered to the addresses set forth below (or to such other address as a party may designate by notice in writing).

8. AMENDMENTS; WAIVER; COUNTERPARTS

8.1 No amendment to this Template shall be effective unless in writing and signed by both parties. No waiver of any breach shall be deemed a waiver of any subsequent breach.

8.2 This Template may be executed in counterparts, each of which when executed and delivered shall be an original, and all of which together shall constitute one and the same instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

9.1 This Template shall be governed by and construed in accordance with the laws of the State specified for the property in question. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in the applicable county for disputes arising under this Template.

9.2 This Template constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral, relating to the same.

9.3 If any provision of this Template is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

10. MISCELLANEOUS PROVISIONS

10.1 Recordation: Any Legal Description provided pursuant to this Template may be recorded by the party with authority to record the applicable conveyance or instrument; the party recording shall ensure the Legal Description conforms to recording standards in the county of record.

10.2 Reliance: Title companies, attorneys, and governmental agencies may rely on the Legal Description as submitted; the Preparer's certification is limited to the sources and methods expressly stated in the document accompanying the Legal Description.

ACKNOWLEDGMENTS

The parties acknowledge that they have read, understand, and agree to the terms and conditions of this Legal Descriptions Template and that the person signing below is authorized to bind the respective party.

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