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Fill and Sign the Warranty Trust Form

Fill and Sign the Warranty Trust Form

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© 2016 - U.S. Legal Forms, Inc.       ARIZONA WARRANTY DEED [Trust to Husband and Wife] Control Number: AZ-035-78 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. AFFIDAVIT OF PROPERTY VALUE See form and instructions at: http://www.revenue.state.az.us/Forms/Property/82162f.pdf A.R.S. §§ 11-1133 and 11-1137(B) require all buyers and sellers of real property or their agents to complete and swear to this Affidavit. The data supplied by this form allows the Arizona Department of Revenue and County Assessors to develop tables and schedules for the uniform valuation of properties based on fair market value. A.R.S. § 11-1134 exempts certain transfers from completion of the Affidavit of Property Value and the $2.00 filing fee. See the list of exemption codes below. If the transfer meets the criteria for an exemption, do not complete the Affidavit. Instead, please post the Statute Number and Exemption Code on the face of the Deed, in the space provided immediately beneath the Legal Description. For example, if Exemption Code B3 is applicable, the proper exemption notation would be A.R.S. 11-1134 B3 . Unless exempt, carefully complete the Affidavit, sign, notarize and submit it to the County Recorder. LIST OF EXEMPTION CODES (A.R.S. § 11-1134) A1. A deed that represents the payment in full or forfeiture of a recorded contract for the sale of real property. A2. A lease or easement on real property, regardless of the length of the term. A3. Sales to or from government: “A deed, patent or contract for the sale or transfer of real property in which an agency or representative of the United States , this state, a county, city or town of this state or any political subdivision of this state is the named grantor, and authorized seller, or purchaser.” A4. A quitclaim deed to quiet title as described in A.R.S. § 12-1103, subsection B. A5. A conveyance of real property that is executed pursuant to a court order. A6. A deed to an unpatented mining claim. A7. A deed of gift. B1. A transfer solely in order to provide or release security for a debt or obligation, including a trustee’s deed pursuant to power of sale under a deed of trust. B2. A transfer that confirms or corrects a deed that was previously recorded. B3. A transfer between husband and wife, or parent and child with only nominal actual consideration for the transfer. B4. A transfer of title on a sale for delinquent taxes or assessments. B5. A transfer of title on partition. B6. A transfer of title pursuant to a merger of corporations. B7. A transfer by a subsidiary corporation to its parent corporation for no consideration or nominal consideration or in sole consideration for canceling or surrendering the subsidiary’s stock. B8. A transfer from a person to a trustee or from a trustee to a trust beneficiary with only nominal consideration for the transfer. B9. A transfer of title to and from an intermediary for the purpose of creating a joint tenancy estate or some other form of ownership. B10. A transfer from a husband and wife or one of them to both husband and wife to create an estate in community property with right of survivorship. B11. A transfer from two or more persons to themselves to create an estate in joint tenancy with right of survivorship. B12. A transfer pursuant to a beneficiary deed with only nominal actual consideration for the transfer. III. DISCLOSURE OF BENEFICIARY(IES) OF A TRUST IF TRUSTEE IS GRANTOR OR GRANTEE. Arizona Statutes § 33-404 requires the disclosure of beneficiaries in any deed where the trustee is acting as grantor or grantee. 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): ) ) ) ) ) ) ) -------- Above This Line Reserved For Official Use Only---Name:       Firm/Company:       Address:       Address 2:       City, State, Zip:       Phone:       WARRANTY DEED [Trust to Husband and Wife] 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, ______________________________ , as Trustee under the provisions of a Trust Agreement dated the ______ day of ____________ , 20 ______ , known as the __________________ Trust, Trust No. ____________ , hereinafter referred to as “Grantor”, does hereby convey unto ________________________ , and ________________________ , Husband and Wife, as community property with the right of survivorship , hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of ______________________ , State of Arizona, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Affidavit of Property Value: Attached hereto as Exhibit B Exempt – Statute No. ____________ and Exemption Code ____________ 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 Grantor does warrant the title against all persons whomsoever, subject to the matters above set forth. IN WITNESS WHEREOF, the Grantor, acting in his capacity as Trustee of the __________________ Trust, this the ______ day of __________________ , 20 ______ . Warranty Deed - 1 - _________[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 ________________________ (signing party). [Seal, if any] Notary Public       Type/Print Name My Commission expires:       Warranty Deed - 2 - EXHIBIT A Legal Description:       Exhibit A

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