Real Estate Deed

REAL ESTATE DEED

This Real Estate Deed is made and entered into on by and between Grantor Name: whose address is , and Grantee Name: whose address is .

RECITALS

WHEREAS, Grantor is the lawful owner in fee simple of certain real property more particularly described in Section 3 below (the "Property"); and

WHEREAS, Grantor has agreed to convey and transfer to Grantee, and Grantee has agreed to accept from Grantor, all of Grantor's right, title and interest in and to the Property for the consideration and upon the terms set forth in this Deed.

WHEREAS, the parties intend that this instrument operate as a deed of conveyance, transferring full legal title to the Property to Grantee subject to the exceptions and reservations set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants, agreements, and the sum stated below, the parties agree as follows:

1. CONSIDERATION

For the sum of $ (the "Consideration"), receipt and sufficiency of which Grantor hereby acknowledges, Grantor conveys, grants and warrants to Grantee the Property described below.

2. CONVEYANCE

Grantor hereby GRANTS, BARGAINS, SELLS, and CONVEYS to Grantee, and Grantee's heirs and assigns forever, all right, title and interest in and to the Property, together with all improvements, rights, privileges, easements and appurtenances thereto belonging, and all hereditaments and appurtenances thereto appertaining.

3. PROPERTY DESCRIPTION

4. HABENDUM

To have and to hold the Property unto Grantee and Grantee's heirs and assigns, to the only proper use, benefit and behoof of Grantee, forever, subject to the liabilities, covenants, easements and restrictions expressly set forth in this Deed.

5. COVENANTS AND WARRANTIES

Grantor covenants that Grantor is lawfully seized of the Property in fee simple and has good right and lawful authority to convey the same; that the Property is free from all encumbrances except as expressly set forth in Section 7; that Grantor will warrant and defend the title to the Property against the lawful claims of all persons whomsoever; and that Grantor will execute such further assurances as may be necessary to perfect the title conveyed hereby.

6. EXCEPTIONS, RESERVATIONS AND EASEMENTS

The conveyance under this Deed is subject to the following exceptions, reservations and existing matters of record, which shall not be deemed waived by any act or omission of Grantor:

7. LIENS, ENCUMBRANCES AND TAXES

The Property is conveyed subject to (a) real property taxes and assessments not yet due and payable; (b) all easements, covenants, conditions and restrictions of record; and (c) liens and encumbrances that are expressly listed in Section 6 above. Grantor shall disclose any mortgage or lien affecting the Property as of the date of this Deed by listing it here:

8. POSSESSION

Possession of the Property shall be delivered to Grantee on the date of recording of this Deed, subject to any tenancy, leases, rights of possession, or other occupancy disclosed in Section 6.

9. REPRESENTATIONS

Grantor represents and warrants to Grantee that: (a) there are no pending actions, claims, liens or adverse proceedings affecting the Property other than those disclosed herein; (b) Grantor has not received written notice of any violation of law affecting the Property that has not been remedied; and (c) there are no outstanding leases, tenancies or agreements granting third-party possession rights except as disclosed in Section 6.

10. INDEMNIFICATION

Grantor agrees to indemnify, defend and hold harmless Grantee from and against any claims, losses or expenses (including reasonable attorneys' fees) arising from any breach of Grantor's representations, warranties or covenants contained in this Deed.

11. RECORDING

Grantee shall be entitled to cause this Deed to be recorded in the appropriate public land records. Grantor agrees to execute and deliver any further instruments necessary to evidence and accomplish the recording of this Deed.

12. NOTICES

All notices, demands or other communications required or permitted under this Deed shall be in writing and delivered to the parties at the following addresses (or such other address as a party may designate in writing):

13. AMENDMENTS; WAIVER; COUNTERPARTS

This Deed may be amended only by a writing signed by both parties. No waiver of any provision 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 but all of which together shall constitute one and the same instrument.

14. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Deed shall be governed by and construed in accordance with the laws of the state in which the Property is located. If any provision of this Deed is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Deed constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

15. MISCELLANEOUS

Time is of the essence with respect to the obligations contained in this Deed. The headings in this Deed are for convenience only and shall not affect its interpretation.

NOTARY ACKNOWLEDGMENT

State of ; County of .

On , before me, the undersigned Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged to me that he/she executed the same for the purposes therein contained.

Notary Signature: Commission Expiration:

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