Property Conveyance Trust Deed

PROPERTY CONVEYANCE TRUST DEED

This Property Conveyance Trust Deed (the Deed) is made as of Effective Date: by and between Grantor Name: whose address is , and Trustee Name: whose address is .

RECITALS

WHEREAS, Grantor is the sole owner of the real property described below and desires to convey and transfer legal title in the property into a trust for the benefit of the persons or entities designated as beneficiaries under the trust instrument named Trust Name: dated Trust Date: .

WHEREAS, Grantor desires that Trustee accept the conveyance and hold, manage and convey the property pursuant to the terms of the trust instrument and applicable law; and

WHEREAS, Trustee has authority and agrees to accept fiduciary duties and responsibilities to hold title and exercise such powers as are conferred by the trust instrument and by law.

NOW, THEREFORE

In consideration of the premises, the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby irrevocably grant, transfer and convey to Trustee, in trust, all of Grantor’s right, title and interest in and to the real property described in Section 1 below, to be held, administered and disposed of by Trustee in accordance with the trust instrument and this Deed.

1. PROPERTY DESCRIPTION

The property to be conveyed (the Property) is located at Property Address: and is more particularly described as follows (Legal Description):

Parcel/Assessor Number:   County:   State:

2. GRANT, TRANSFER AND TRUST

Grantor hereby grants, bargains, conveys and confirms unto Trustee, in trust, all of Grantor’s estate, right, title and interest in and to the Property, together with all rights, easements and appurtenances thereto, to be held and administered by Trustee under the terms of the trust instrument, subject to the covenants, conditions and restrictions herein contained. Trustee accepts such conveyance and agrees to hold the Property in trust for the benefit of the beneficiaries designated in the trust instrument.

3. TRUSTEE POWERS AND DUTIES

Trustee shall have all powers granted by the trust instrument and by applicable law, including, without limitation, the power to hold, collect income from, manage, lease, mortgage, sell or otherwise dispose of the Property, to execute and deliver deeds, conveyances, releases and other instruments as necessary to effectuate the terms of the trust. Trustee shall exercise such powers in good faith and in a manner consistent with the fiduciary duties owed to the beneficiaries.

4. CONSIDERATION

The consideration for this conveyance is the trust benefits and the mutual covenants contained herein and in the trust instrument and such other good and valuable consideration as is acknowledged by Grantor. Consideration Amount (if applicable): .

5. REPRESENTATIONS AND WARRANTIES

Grantor represents and warrants to Trustee: (a) Grantor is the lawful owner of the Property and has full right, power and authority to convey the Property; (b) except as disclosed in writing in Recordation Instrument: , there are no liens, encumbrances or claims against the Property other than those of record; (c) there are no pending actions, suits or proceedings affecting the title to the Property of which Grantor has knowledge.

6. TITLE AND ENCUMBRANCES

Title shall be conveyed free and clear of all encumbrances except those disclosed in this Deed and any matters created by Trustee in the exercise of its duties. Grantor shall promptly disclose to Trustee any matter that could materially affect title or use of the Property. Trustee may, at Trustee’s discretion, obtain title insurance or take such actions as Trustee deems necessary to protect trust interests.

7. INDEMNIFICATION

Grantor shall indemnify, defend and hold Trustee harmless from and against any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising out of any breach of Grantor’s representations, warranties or covenants contained herein, except to the extent resulting from Trustee’s willful misconduct or gross negligence.

8. RECORDING

This Deed shall be recorded in the official land records of the County of , State of . Grantor shall execute any additional documents reasonably requested to effectuate the recording of this Deed.

9. NOTICES

Any notice, demand or communication required or permitted under this Deed shall be in writing and delivered by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier to the addresses set forth below or to such other address as a party may designate by written notice to the other party.

10. AMENDMENT, WAIVER AND COUNTERPARTS

This Deed may be amended only by a written instrument executed by Grantor and Trustee. No waiver of any provision hereof shall be effective unless in writing and signed by the party against whom enforcement is sought. This Deed may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. GOVERNING LAW

This Deed shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflicts of law.

12. ENTIRE AGREEMENT

This Deed, together with the trust instrument referenced herein, constitutes the entire agreement between the parties with respect to the conveyance of the Property into the trust and supersedes all prior negotiations, understandings and agreements, whether written or oral, relating to the subject matter hereof.

13. SEVERABILITY

If any provision of this Deed 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.

14. MISCELLANEOUS

Successors and assigns: This Deed shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. No party may assign its obligations hereunder except as permitted by the trust instrument or by written agreement of the parties.

Sign Now