Fill and Sign the Special Warranty Deed from a Trust to a Individual Arizona Form

© 2016 - U.S. Legal Forms, Inc.       ARIZONA SPECIAL WARRANTY DEED [Trust to an Individual ] Control Number: AZ-057-78 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. FORMS TO BE FILED WITH THIS INSTRUMENT: There must be appended to the deed an affidavit stating the value of the property and other information. Forms for this affidavit may be obtained from the Arizona Department of Revenue. See form No. 82162 entitled “Affidavit of Property Value” at: http://www.azdor.gov/Forms/Property.aspx Note the “exemption codes” that must be placed in the form if applicable. For example: “Affidavit of Property Value: attached Exempt under § 11-1134-B3” III. DISCLOSURE OF TRUST BENEFICIARIES: (see Exhibit A) Arizona Statutes § 33-404 Disclosure of beneficiary; recording; failure to disclose. A. Notwithstanding section 33-411, subsection D, every deed or conveyance of real property, or an interest in real property, located in this state which is executed after June 22, 1976 in which the grantee is described as a trustee or acts as a trustee shall disclose the names and addresses of the beneficiaries for whom the grantee holds title and shall identify the trust or other agreement under which the grantee is acting or refer by proper description to the document number or the docket and page of an instrument or other writing which is of public record in the county in which the property so conveyed is located in which such matters are disclosed. B. Notwithstanding section 33-411, subsection D, every deed or conveyance of real property, or an interest in real property, located in this state which is executed after June 22, 1976 by a grantor who holds title to the property as a trustee, whether or not such capacity is identified on the document through which title was acquired, shall also disclose the names and addresses of the beneficiaries for whom the grantor held title to the property and shall identify the trust or other agreement under which the grantor is acting or refer by proper description to the document number or the docket and page of an instrument or other writing which is of public record in the county in which the property so conveyed is located in which such matters are disclosed. C. Notwithstanding section 33-411, subsection D, a grantee who holds title as a trustee under a trust or other agreement which is subject to the disclosure requirements of this section and who receives actual knowledge after August 18, 1987 of a change in beneficiary, within thirty days after receiving such actual knowledge, shall record with the county recorder of the county in which the property is located a notice of the change. The recording and any subsequent recording of any change in any beneficiary shall identify the trust or other agreement under which the grantee holds title and shall include the legal description of the property and a list of the then current names and addresses of the beneficiaries. D. Notwithstanding subsections A, B and C of this section, a trustee is not required to record a change of beneficiary if, upon the death of a beneficiary of a real property trust, the interests of the deceased beneficiary vest in the beneficiary's estate or in other beneficiaries identified in a previous recording. If the interest of the deceased beneficiary vests in a beneficiary not identified in a previous recording, the trustee shall comply with the recording requirements of this chapter within thirty days of receipt of both knowledge of the death and the name and address of the successor beneficiary or beneficiaries or within thirty days of the first distribution of income or principal to a successor beneficiary or beneficiaries, whichever occurs first. E. Any conveyance of real property or an interest in real property which does not include the disclosures required by this section with respect to the property so conveyed is voidable by the other party to the conveyance. Any action to void the conveyance shall be commenced within two years after the date of recordation of the document effecting the conveyance. F. If real property or any interest in real property, or any mortgage, deed of trust or other lien on real property, is acquired for value, the title, interest, mortgage, deed of trust or other lien is not impaired or in any way adversely affected by reason of the failure of any person to comply with the requirements of this section. G. As used in this section, "trustee" does not include an agent for a disclosed principal, a conservator, a guardian, a personal representative, an attorney-in-fact, a lessor or lessee under a lease, a trustee in a bankruptcy or receivership proceeding, a trustee under a deed of trust, a trustee under a business trust or a trustee under an indenture for security holders. § Invalidity of unrecorded instrument as to bone fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception. A. No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located. B. An instrument shall not be deemed lawfully recorded unless it has been previously acknowledged in the manner prescribed in this chapter except in the case of master mortgages as provided in section 33-415. C. For purposes of this section, an instrument affecting real property containing any defect, omission or informality in the certificate of acknowledgment and which has been recorded for longer than one year in the office of the county recorder of the county in which the property is located shall be deemed to have been lawfully recorded on and after the date of its recording. D. An instrument affecting real property in this state executed, acknowledged and certified in any other state in accordance with the laws of that state, shall be valid and entitled to record as if executed in accordance with the laws of this state. E. Letters patent from the United States or any grant from the government, executed and authenticated pursuant to law, may be recorded without further acknowledgment. IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Arizona. 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. This document prepared by (and after recording return to): Name:       Firm:       Address:             Phone:       Affidavit of Property Value: attached Exempt under § 11-1134-       SPECIAL WARRANTY DEED [Trust to an Individual] THIS INDENTURE , made this day between: GRANTOR:       an individual whose street address is       , as Trustee under the provisions of a trust agreement dated       , 20       , and known as the       Trust, AND GRANTEE:       , whose address is       . WITNESSETH , that Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant and convey to Grantee, and Grantee’s heirs, successors and assigns forever, the following described land, situate, lying and being in the County of       , Arizona, to-wit: See legal description attached hereto as Exhibit B and incorporated herein for all purposes, OR Legal Description:       Special Warranty Deed Page 1 of 2 Prior instrument reference: Book ______ , Page ______ , Document No. ______ , of the Recorder of ______________________ County, Arizona. SUBJECT TO: Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record , and the following:       AND THE SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of those persons claiming by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF , the Grantor, acting in his capacity as Trustee of the       Trust, has executed the above instrument on this the       day of       , 20       . Name of Trust:       By: Signature       Type or Print Name State of Arizona , County of       The foregoing instrument was acknowledged before me this       day of       , 20       , by       , as Trustee of the       Trust . Notary Public       My Commission Expires:       Print or Type Name Special Warranty Deed Page 2 of 2 EXHIBIT A DISCLOSURE OF BENEFICIARIES OF TRUST Name of Trust:       Recorded in the Office of the Recorder of Deeds for       County, Arizona , in Book       , at Page(s)       ; Document No.       . The Beneficiary or Beneficiaries of the Trust for whom the Trustee holds title is/are: Name:       Address:       City, State, Zip:       Name:       Address:       City, State, Zip:       Name:       Address:       City, State, Zip:       Name:       Address:       City, State, Zip:       Name:       Address:       City, State, Zip:       Date:       Signature of Trustee       Print or Type Name State of Arizona , County of       The foregoing instrument was acknowledged before me this       day of       , 20       , by       . Notary Public My Commission Expires:             Print or Type Name Special Warranty Deed Exhibit A Special Warranty Deed Exhibit A EXHIBIT B Grantors:             Grantee:       Legal Description:       Special Warranty Deed Exhibit B