Legal Title Application

Legal Title Application

This Legal Title Application (the Application) is made on by Transferor Name: and Transferee Name: .

RECITALS

WHEREAS, Transferor represents that Transferor is the lawful owner of the real property commonly described as (Property), and the Property is further legally described as .

WHEREAS, Transferor desires to transfer and Transferee desires to acquire fee simple title to the Property subject to the terms set forth in this Application and any instrument of conveyance attached hereto; and

WHEREAS, the parties intend that this Application, when accepted by the appropriate recording authority and accompanied by required supporting documentation and fees, will effect the registration or transfer of title in accordance with applicable law.

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

1. DEFINITIONS

For purposes of this Application, the following terms shall have the following meanings: "Application" means this document and all attachments; "Property" means the real property described above; "Deed" means the conveyance instrument, including any warranty or quitclaim deed submitted to effect transfer; "Recording Authority" means the county recorder, registry of deeds, or other public office responsible for recording instruments affecting title.

2. APPLICATION FOR TITLE

Transferor hereby applies to transfer, and Transferee hereby applies to accept, fee simple title to the Property as set forth in the Deed to be attached. The effective date for the transfer is .

3. REPRESENTATIONS AND WARRANTIES

Transferor represents and warrants to Transferee and to any Recording Authority that: (a) Transferor is the lawful owner of the Property; (b) there are no outstanding transfers by Transferor inconsistent with this Application except as disclosed in writing in section 4; (c) Transferor has full authority and capacity to execute the Deed and to consummate the transfer; and (d) all information provided in this Application and in the attached documents is true, complete and correct to the best of Transferor's knowledge.

Transferee represents and warrants that Transferee has the capacity to accept title, will pay the consideration identified in section 7, and will cooperate to have the Deed recorded and any public filings completed.

4. ENCUMBRANCES AND LIENS

Transferor discloses the following encumbrances, liens, easements or other matters affecting the Property. If none are known, indicate none:

5. SUPPORTING DOCUMENTS

The following documents are submitted with this Application. Check each that is included and provide reference or document number where applicable.

6. AUTHORIZATION TO RECORD

Upon execution of this Application and delivery of the Deed and supporting documents, Transferor and Transferee each authorize the Recording Authority to record the Deed and any ancillary documents submitted herewith. Each party authorizes the other party to execute such further instruments as may be reasonably necessary to effect recording and to correct clerical errors in the event of a ministerial mistake.

7. FEES, CONSIDERATION AND PAYMENT

Fees required for recording, transfer taxes and any administrative charges shall be paid by:

8. INDEMNIFICATION

Each party agrees to indemnify, defend and hold harmless the other party and any Recording Authority from and against any and all claims, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any misrepresentation, breach of warranty or failure to disclose material information in this Application or the attached documents.

9. NOTICES

All notices under this Application must be in writing and delivered to the addresses set forth above. Notice shall be effective upon personal delivery, confirmed electronic delivery, or three days after deposit with the national postal service by certified mail, return receipt requested.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Application may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Application may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. GOVERNING LAW

This Application shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflict of laws.

12. ENTIRE AGREEMENT; SEVERABILITY

This Application, together with the Deed and attachments referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Application is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

13. CERTIFICATION

Each party certifies that the statements in this Application are true and correct to the best of their knowledge and belief and acknowledges that submission of materially false information may subject the submitting party to civil and criminal penalties under applicable law. Each party authorizes verification of any information furnished in this Application.

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