Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF SOUTH DAKOTA
WARRANTY DEED
[Limited Partnership or LLC is the Grantor, or
Grantee]
Control Number – SD - SDEED - 7
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NOTES ON FILING THE DEED
1. Deeds, Contract for Deeds, Assignment of Contracts which convey an interest in the title
from one person to another and are dated after July 1, 1988 shall be accompanied by an
additional document entitled “ Certificate of Real Estate Value ” which document is
prescribed by the Department of Revenue. This Certificate must be fully filled out and
signed and dated. These forms can be downloaded under “Property
Tax” at: http://www.state.sd.us/drr2/revenue.html under “Property Tax”.
2. Transfer Fee Exemption Statutes - Transfer Fee exemption statutes must be typed on the
face of a deed if the transfer is exempt. The law states that the words “Exempt from
Transfer Fee Pursuant to SDCL 43-4-22(___)(applicable subdivision must be put in
parenthesis)” are to be typed or printed on the face of the instrument. See the following
for a full list of exemptions:
“43-4-22. Exemptions from real estate transfer fee. The fee imposed by § 43-4-21 does
not apply to any transfer of title:
(1) Recorded before July 1, 1968;
(2) By or to the United States of America, this state, or any instrumentality
agency, or political subdivision of either;
(3) Solely in order to provide for or to release security for a debt or
obligation;
(4) Which confirms or corrects a deed previously executed and recorded;
(5) Between husband and wife, or parent and child with only nominal actual
consideration therefor;
(6) On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds
issued in foreclosure actions or proceedings or deeds issued in lieu of
foreclosure actions or proceedings;
(7) On partition;
(8) Pursuant to any mergers or consolidations of corporations or limited
liability companies or plans of reorganization by which substantially all of
the assets of corporations or limited liability companies are transferred;
(9) By a subsidiary corporation to its parent corporation for no consideration,
nominal consideration, or in sole consideration of the cancellation or
surrender of the subsidiary's stock;
(10) Pursuant to decrees of distribution entered in any decedent's estate;
(11) Between an individual grantor, or grantors, and a corporation, where the
grantor or grantors and the owner of the majority of the capital stock of
the corporation are the same person;
(12) Between any corporation and its stockholders or creditors, or between any
limited liability company and its members or creditors, if to effectuate a
dissolution of the corporation or limited liability company it is necessary
to transfer the title of real property from the corporate entity to the
stockholders or creditors;
(13) On cemetery lots and grave sites;
(14) Between an individual grantor, or grantors, and a limited or general
partnership if the grantor or grantors and the owner of the majority
interest in the limited or general partnership are the same person;
(15) Between a fiduciary and a beneficiary of the fiduciary or between a
fiduciary and a third party, if the transfer or conveyance is to
accommodate the fiduciary relationship;
(16) Between individuals, regardless of the relationship, if the conveyance is an
absolute gift without consideration of any kind in return for the
conveyance;
(17) Pursuant to a decree of divorce, annulment, or separate maintenance or
pursuant to a settlement agreement approved or adopted by a decree of
divorce, annulment, or separate maintenance;
(18) For which no consideration was given;
(19) Between any limited liability company and its members.”
DISCLAIMER
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Prepared By and After Recording Return to:
-------- Above This Line Reserved For Official Use Only--------
WARRANTY DEED
(Limited Partnership or LLC is the Grantor, or Grantee)
FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and
valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby
acknowledged and confessed, and for which no lien, express or implied, does or shall exist,
________________________ , an individual, or ______________________________ and
______________________________ , individuals, or ______________________________ and
________________________ , Husband and Wife, or ________________________ , a Limited
Liability Corporation organized and existing under the laws of the State of
________________________ , or ________________________ , a Limited Partnership
organized and existing under the laws of the State of ________________________ , hereinafter
called the "Grantor", whether one or more, has granted, conveyed and warranted , and by these
presents does hereby grant, convey and warrant unto ________________________ , an
individual, or ________________________ and ________________________ , individuals, or
________________________ and ________________________ , Husband and Wife, or
________________________ , a Limited Liability Corporation organized and existing under
the laws of the State of ________________________ , or ________________________ a
Limited Partnership organized and existing under the laws of the State of
________________________ , hereinafter called the "Grantee", all that certain tract or parcel of
land lying and being situated in the County of ________________________ , City of
________________________ , State of South Dakota, and more particularly described as follows,
to-wit:
Warranty Deed Page 1 of 6
See Legal Description Attached as Exhibit A incorporated by reference as though set forth in
full
Legal Description:
SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations
of record, if any.
This conveyance is FURTHER MADE AND ACCEPTED SUBECT TO the following:
___________________________________________________________________
TO HAVE AND TO HOLD the above described premises together with all and singular the
rights and appurtenances thereto in anywise belonging unto the above named Grantees, their
successors and assigns forever; and Grantor herein hereby binds itself, its successors, assigns, and
administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto
the above named Grantees, their successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
If Grantees are a married couple, TO HAVE AND TO HOLD to the said Grantees as
joint tenants, with right of survivorship, their heirs, personal representatives, executors and
assigns forever: it being the intention of the parties to this conveyance, that (unless the joint
tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in
the event one Grantee herein survives the other, the entire interest in fee simple shall pass to the
Warranty Deed Page 2 of 6
surviving Grantee, and if one does not survive the other, then the heirs and assigns of the
Grantees herein shall take as tenants in common.
If this property is homestead property, the Grantor's wife joins in this conveyance by
signing her name below.
WITNESS Grantor’s hand this the ______ day of __________________ , 20 .
A. Signature and Acknowledgment - Individual(s) as Grantor:
Signature of Grantor
Printed Name
Post Office Address
Signature of Grantor
Printed Name
Post Office Address
State of South Dakota
County of __________________
Warranty Deed Page 3 of 6
On this ______ day of __________________ , 20 ______ , before me,
______________________________ , the undersigned officer, personally appeared
______________________________ , known to me or satisfactorily proven to be the person
whose name is subscribed to the within instrument and acknowledged that he/she executed the
same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public, State of
My commission expires:
Type or Print Name
State of South Dakota
County of __________________
On this ______ day of __________________ , 20 ______ , before me,
______________________________ , the undersigned officer, personally appeared
______________________________ , known to me or satisfactorily proven to be the person
whose name is subscribed to the within instrument and acknowledged that he/she executed the
same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public, State of
My commission expires:
Type or Print Name
B. Signature and Acknowledgment - LLC as Grantor:
By:
Warranty Deed Page 4 of 6
Print or Type Name
Its:
Title
Attest:
Secretary
Print or Type Name
State of South Dakota
County of __________________
On this , the ______ day of ____________ , 20 ______ , before me,
______________________________ , the undersigned officer, personally appeared
______________________________ , who acknowledged himself to be the ____________ of
________________________ , a limited liability corporation, and that he/she, as such
________________________ being authorized so to do, executed the foregoing instrument for
the purposes therein contained, by signing the name of the corporation by himself/herself as
__________________ .
In witness whereof I hereunto set my hand and official seal.
Notary Public, State of ____________
My commission expires:
Type or Print Name
C. Limited Partnership as Grantor
A Limited Partnership
Warranty Deed Page 5 of 6
By:
General Partner
Print or Type Name
State of South Dakota
County of __________________
This instrument was acknowledged before me on ________________________ , 20 ______ , by
______________________________ , as ____________ partner of
______________________________ , a general/limited partnership.
Subscribed and sworn to before me this ______ day of __________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
Grantor(s) Name, Address and
phone: Grantee(s) Name, Address and Phone:
Warranty Deed Page 6 of 6
EXHIBIT A
Warranty Deed Exhibit A