Real Estate Transfer Deed

REAL ESTATE TRANSFER DEED

This Real Estate Transfer Deed (the "Deed") is made and entered into as of , by and between Grantor Name: , whose address is , and Grantee Name: , whose address is . The property subject to this Deed is located in County: , State: .

RECITALS

WHEREAS, Grantor is the lawful owner in fee simple of certain real property and improvements thereon described herein (the "Property"); and

WHEREAS, Grantor desires to convey and transfer to Grantee, and Grantee desires to accept, all of Grantor's right, title, and interest in and to the Property, upon the terms and conditions set forth in this Deed; and

WHEREAS, the parties intend that this Deed operate as a present transfer of the Property and that such transfer be effective as of the Effective Date set forth above.

NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Deed, the following terms shall have the meanings set forth herein: "Conveyance" means the transfer of all of Grantor's right, title and interest in the Property; "Encumbrances" means liens, easements, covenants, restrictions, rights-of-way and other matters affecting title as disclosed in Section 6.

2. PROPERTY

The Property subject to this Deed is commonly described as:

3. CONSIDERATION

Grantor grants, bargains, and conveys the Property to Grantee for the total consideration of dollars ($ ), receipt and sufficiency of which are hereby acknowledged by Grantor.

4. GRANT AND CONVEYANCE

Subject to the exceptions and permitted encumbrances set forth in Section 6, Grantor, for and in consideration of the sum recited above and other good and valuable consideration, hereby grants, bargains, sells, conveys and confirms unto Grantee, and Grantee's heirs, successors and assigns forever, all of Grantor's right, title and interest in and to the Property, together with all rights, easements, privileges, and appurtenances thereto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.

5. TYPE OF DEED

The transfer effected by this instrument is made as: General Warranty Deed Special Warranty Deed Quitclaim Deed (select applicable box). If multiple boxes are selected, the more limited form of conveyance shall control by operation of this instrument.

6. ENCUMBRANCES AND EXCEPTIONS

The Property is conveyed subject to the following exceptions, reservations and encumbrances affecting title, and the rights of parties in possession: (List current mortgages, liens, easements, covenants, restrictions and other matters.)

7. REPRESENTATIONS AND WARRANTIES

Grantor represents and warrants to Grantee that: (a) Grantor is the lawful owner of the Property and has full power and authority to convey the same; (b) except as disclosed in Section 6, the Property is free and clear of all liens and encumbrances; and (c) there are no pending actions, judgments or proceedings affecting title to the Property other than those disclosed in writing to Grantee prior to the Effective Date. These representations and warranties shall survive the conveyance.

8. POSSESSION; RISK OF LOSS

Possession of the Property shall be delivered to Grantee on the Effective Date, subject to rights of tenants and occupants under existing leases, if any. Risk of loss to the Property shall remain with Grantor until delivery and acceptance by Grantee, except as otherwise agreed in writing by the parties.

9. TAXES, ASSESSMENTS AND EXPENSES

Real property taxes and assessments shall be apportioned between Grantor and Grantee as of the Effective Date in accordance with customary local practice. Closing costs, recording fees, transfer taxes, and other expenses shall be allocated as agreed by the parties and reflected in the closing statement.

10. FURTHER ASSURANCES

From time to time after the Effective Date, and without further consideration, each party shall execute and deliver such further documents and instruments and take such actions as may be reasonably required to effectuate the intent and purposes of this Deed and to obtain, preserve, protect and perfect the interests conveyed hereby.

11. RECORDING

This Deed shall be recorded in the official records of the county in which the Property is located at the expense of . Recording of this Deed is intended to give notice of the Conveyance to all persons.

12. NOTICES

Any notice required or permitted under this Deed shall be given in writing and shall be deemed to have been given when delivered personally, sent by certified mail, return receipt requested, or delivered by nationally recognized overnight courier to the addresses set forth in the opening paragraph or to such other address as a party may designate by notice to the other.

13. GOVERNING LAW

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

14. ENTIRE AGREEMENT

This Deed, together with any exhibits and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the Conveyance of the Property and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

15. 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 thereby.

16. WAIVER; AMENDMENT; COUNTERPARTS

No waiver of any provision of this Deed shall be effective unless in writing and signed by the party to be charged. This Deed may be amended only by a written instrument signed by both parties. 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.

17. REPRESENTATIVE CAPACITY

If any party executes this Deed in a representative capacity, that party represents and warrants that it has the authority to execute this Deed on behalf of the principal and that such execution binds the principal.

ACKNOWLEDGMENT

The parties acknowledge that this Deed may require acknowledgment and recording to be effective and that Grantor and Grantee will cooperate to provide customary acknowledgments, affidavits, and documents necessary to record this instrument in the public records.

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