Fill and Sign the Quitclaim Mineral Form

© 2014 - U.S. Legal Forms, Inc.       NORTH DAKOTA QUITCLAIM MINERAL DEED [Individual to Trust] Control Number: ND-024-77 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. EXEMPTION FROM STATEMENT OF FULL CONSIDERATION – Section 11-18-02.2 of the North Dakota Century Code, provides, in pertinent part: 11-18-02.2. Statements of full consideration to be filed with state board of equalization or recorder - Procedure - Secrecy of information - Penalty. 1. Any grantee or grantee's authorized agent who presents a deed in the office of the county recorder shall certify on the face of the deed any one of the following: a. A statement that the grantee has filed a report of the full consideration paid for the property conveyed with the state board of equalization. b. A statement that the grantee has filed a report of the full consideration paid for the property conveyed with the recorder. c. A statement of the full consideration paid for the property conveyed. d. A statement designating one of the exemptions in subsection 7 which the grantee believes applies to the transaction. 2. Any party who presents an affidavit of affixation to real property of a manufactured home in the office of the county recorder in accordance with section 47-10-27 and who acquired the manufactured home before the affixation of the manufactured home to the real property shall either contain in or present in addition to the affidavit of affixation any one of the following: a. A statement that the party has filed with the state board of equalization a report of the full consideration paid for the manufactured home before the affixation. b. A statement that the party has filed with the recorder a report of the full consideration paid for the manufactured home before the affixation. c. A statement of the full consideration paid by the party for the manufactured home before the affixation. 3. The recorder may not record any deed unless the deed contains one of the statements required by subsection 1 or record any affidavit of affixation unless the affidavit contains or is accompanied by one of the statements required by subsection 2. 4. The recorder shall accumulate and at least monthly forward to the state board of equalization a report containing the information filed in the recorder's office pursuant to subsection 1 or subsection 2. 5. The state board of equalization shall prescribe the necessary forms for the statements and reports to be used in carrying out this section, and the forms must contain a space for the explanation of special circumstances that may have contributed to the amount of the consideration. 6. For purposes of subsection 1, the word "deed" means an instrument or writing whereby any real property or interest therein is granted, conveyed, or otherwise transferred to the grantee, purchaser, or other person, except any instrument or writing that transfers any ownership in minerals or interests in minerals underlying land if that ownership has been severed from the ownership of the overlying land surface or any instrument or writing for the easement, lease, or rental of real property or any interest therein. 7. This section does not apply to deeds transferring title to the following types of property, or to deeds relating to the following transactions: a. Property owned or used by public utilities. b. Property classified as personal property. c. A sale when the grantor and the grantee are of the same family or corporate affiliate, if known. d. A sale that resulted as a settlement of an estate. e. All sales to or from a government or governmental agency. f. All forced sales, mortgage foreclosures, and tax sales. g. All sales to or from religious, charitable, or nonprofit organizations. h. All sales when there is an indicated change of use by the new owners. i. All transfer of ownership of property for which is given a quitclaim deed. j. Sales of property not assessable by law. k. Agricultural lands of less than eighty acres [32.37 hectares]. l. A transfer that is pursuant to a judgment. 8. The state board of equalization shall guard the secrecy of information contained on statements filed with the board under subsection 1 or subsection 2, and any information contained on statements and any information provided by local officials must be limited to data necessary to perform official duties and may not include the names of any grantors or grantees to deeds or of any parties to affidavits of affixation. Any reports made available to the public must be made in a manner that will not reveal the names of any grantors, grantees, or parties. The recorder shall guard the secrecy of information contained on reports filed in the recorder's office under subdivision b of subsection 1 or subdivision b of subsection 2. 9. Any person that, in the statements provided for in subsection 1 or subsection 2, willfully falsifies the consideration paid for the transferred real property or the manufactured home, as applicable, or interest therein or that falsely certifies that the person has filed a report of full consideration with the state board of equalization is guilty of a class B misdemeanor. 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 THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUITCLAIM MINERAL DEED [Individual to a Trust] This deed is made by Grantor,       , a single person , to       , as Trustee under the provisions of a trust agreement dated       , 20       , and known as the       Trust, whose post office address is       , Grantee. For valuable consideration, Grantor grants and conveys to Grantee any and all of Grantor’s interest in 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 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 similar undivided interest in and to the lands above described and none other and grantee one of the lessors therein. Mineral Deed Page 1 of 2 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. 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. 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 Page 2 of 2 EXHIBIT A Grantor:       Grantee Trust:       Trustee:             Mineral Deed Exhibit A