WARRANTY DEED (Subject to Debt)

WARRANTY DEED
(Subject to Debt)

STATE OF _______________ 
COUNTY OF _____________

KNOW ALL MEN BY THESE PRESENTS:

THAT THE UNDERSIGNED, ______________________________________________________ _____________________________________________________ [full legal name(s) of seller(s)], hereinafter called “Grantor”, whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL and CONVEY unto _______________ ___________________________________________________ [full legal name(s) of grantee(s)], herein referred to as “Grantee”, whether one or more, all of Grantor’s right, title and interest, in and to the real property, being Grantor’s separate property, described as follows:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[insert full legal property description].

This conveyance, however, is made and accepted subject to that certain indebtedness described as follows:  Vendor’s Lien in Deed dated ____________________, recorded in the real property records of _________________________ County, _________________________ [state] in ________________________________________________________________________ [insert description that provides details where the Vendor’s Lien in Deed is formally recorded, such as volume and page number]; Real Estate Lien Note, dated ____________________, in the original principal amount of $__________________, executed by _______________________________ to  _______________________________, and secured by Deed of Trust of even date, to _______________________________, Trustee, for the benefit of said lender, recorded in the real property records of _________________________ County, _________________________ [state] in _____________________________________________________________________ [insert description that provides details where the Deed of Trust is formally recorded, such as volume and page number], which indebtedness Grantee has not hereby assumed, and any and all other restrictions, encumbrances, easements, covenants and conditions, if any, relating to the hereinabove described property as the same are filed for record in the real property records of _________________________ County, _________________________ [state].

TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee’s heirs, executors, administrators, successors and assigns forever; and Grantor does hereby bind Grantor’s heirs, executors, administrators, successors and assigns forever; and Grantor does hereby bind Grantor’s heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee’s heirs, executors, administrators, successors and/or assigns against every person whomsoever claiming or to claim the same or any part thereof.

But it is expressly agreed that the Vendor’s Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described Note and all interest thereon is fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute.

Current ad valorem taxes on the property having been prorated, the payment thereof is assumed by Grantee.

EXECUTED this ________ day of ____________________, 20_____ but to be effective upon the date this instrument is filed for record in the real property records of _________________________ County, _________________________ [state].

GRANTOR(S):

______________________________                                ____________________________
[name of seller]                                                              [name of seller]

STATE OF _______________
COUNTY OF _____________

Before me, the undersigned Notary Public, on this day personally appeared _________________ __________________________________________________________________________  known to me (or proved to me on the oath of _____________________________________________, or through Drivers License or _____________________________________________) to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed in the capacity set forth and for the purpose and consideration therein expressed.

Given under my hand and seal of office this ________ day of ____________________, 20_____.

[Notarial seal, if any] 

                                                                                    _______________________________
                                                                                    NOTARY PUBLIC,
                                                                                    STATE OF _____________

After recording, return to Grantee, at:

Grantee’s address:

_______________________________
_______________________________
_______________________________

Other Forms You May Need

• Warranty Deed with Vendor's Lien
• Warranty Deed
• Release of Mortgage
• General Release
• Warranty Bill of Sale