Real Estate Deed Recording Agreement

REAL ESTATE DEED RECORDING AGREEMENT

This Real Estate Deed Recording Agreement (Agreement) is made as of by and between Client Name: whose address is (Client), and Recording Agent Name: whose address is (Recording Agent). Client and Recording Agent are each a Party and collectively the Parties.

RECITALS

WHEREAS, Client is the owner or authorized transferor of the real property located in County, State of , commonly described as:

WHEREAS, Client intends to convey the Property by deed instrument described as: dated , and identified by parcel or assessor number

WHEREAS, Recording Agent has the experience and facilities to prepare, submit, obtain recordation of, and deliver recorded copies of real estate deeds to the appropriate recording office, and Client desires to retain Recording Agent to perform those services under the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Deed" means the conveyance instrument identified in the Recitals and any amendment or supplement thereto prepared for recordation under this Agreement.

1.2 "Recording Fees" means the fees and taxes charged by the recording office and any fees charged by third parties for indexing, certification, or courier services in connection with recording the Deed.

2. APPOINTMENT; AUTHORITY

2.1 Client appoints Recording Agent as Client's limited agent, solely for the purpose of preparing, presenting and filing the Deed for recordation with the appropriate recording office identified as: . Recording Agent shall have authority to execute documents necessary to effect recordation on behalf of Client only if Client has executed and delivered to Recording Agent a power of attorney or other written authorization permitting such execution. Recording Agent shall not accept service of process or act as escrow agent except as expressly set forth in this Agreement.

3. SCOPE OF SERVICES

3.1 Recording Agent shall, as applicable: (a) prepare the final Deed using the legal description provided by Client; (b) coordinate for notarization of signatures presented to Recording Agent; (c) submit the Deed for recording to the designated recording office; (d) pay Recording Fees when authorized in writing by Client or as otherwise provided in Section 4; and (e) obtain and deliver to Client a certified or conformed copy of the recorded Deed.

3.2 Recording Agent shall use commercially reasonable efforts to present the Deed for recording promptly, but Recording Agent does not guarantee a particular recording date or time. Recording Agent's obligations are satisfied upon physical receipt of the recorded instrument from the recording office and delivery of such instrument to Client pursuant to Section 4.

4. FEES; PAYMENT; ESCROW

Recording Fees shall be: Client pays Recording Fees Recording Agent pays Recording Fees (only if agreed in writing)

Client shall pay the Recording Agent Fee and any agreed Recording Fees by due no later than . If Client fails to timely pay, Recording Agent may suspend performance and shall have a lien on the recorded instrument to the extent permitted by law.

5. CLIENT REPRESENTATIONS AND WARRANTIES

Client represents and warrants to Recording Agent that: (a) Client has full right, power and authority to convey the Property and to enter into this Agreement; (b) the legal description and any information supplied by Client are true, correct and complete; (c) all persons whose signatures are required on the Deed will execute the Deed in the form required for recordation; and (d) Client will deliver any existing recorded instruments reasonably necessary to complete recording.

6. INDEMNIFICATION; LIMITATION OF LIABILITY

6.1 Client agrees to defend, indemnify and hold Recording Agent, its officers, employees and agents harmless from and against any losses, liabilities, costs or expenses (including reasonable attorneys' fees) arising out of: (a) Client's misrepresentations, omissions, or failure to provide accurate information; (b) errors in the legal description or title matters not caused by Recording Agent; or (c) claims by third parties relating to the Deed except to the extent caused by Recording Agent's gross negligence or willful misconduct.

6.2 Recording Agent's liability for any claim arising out of or related to this Agreement shall be limited to direct damages not to exceed the total fees paid to Recording Agent under this Agreement, except in the case of fraud, willful misconduct or gross negligence. In no event shall Recording Agent be liable for consequential, special or punitive damages.

7. RECORDATION; DELIVERY OF RECORDED INSTRUMENT

7.1 Recording Agent shall use commercially reasonable efforts to present the Deed for recordation with the designated recording office and shall obtain confirmation of recording and, upon receipt, deliver to Client either: (a) an original recorded Deed by courier to the notice address for Client; or (b) an electronic scanned certified copy by email if Client consents in writing.

7.2 Recording Agent shall deliver the recorded instrument to Client within days after receipt from the recording office.

8. NOTICES

All notices shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or three business days after being deposited in the U.S. mail, postage prepaid, to the addresses above or to such other address as either Party designates by notice.

9. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Venue for any dispute arising out of this Agreement shall be the state or federal courts located in the county where the Property is located, and each Party submits to the personal jurisdiction of such courts.

10. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS

This Agreement 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. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.

11. WAIVER; COUNTERPARTS

No waiver by either Party of any breach of this Agreement shall be a waiver of any other or subsequent breach. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one instrument. Facsimile or electronic images of signatures shall be deemed original signatures for all purposes.

12. MISCELLANEOUS

12.1 Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, except that Recording Agent may assign to an affiliate for administrative purposes.

12.2 Third-Party Beneficiaries. Except as expressly provided herein, no third party shall have any right to enforce this Agreement.

12.3 Survival. Any provision that by its nature survives termination or expiration of this Agreement shall survive.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

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