Deed Transferring Real Property into Living Trust - North Dakota

Instrument preparer / legal-description source:
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Grantee post-office address (required — N.D.C.C. § 47-19-05):
[____________________________________]
[____________________________________]

Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY RECORDER'S USE

GRANT DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of North Dakota

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / spouses], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[CURRENT TRUSTEE FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated
[__/__/____], whose post-office address is [________________________________]
and whose known city street address is [________________________________]
("Grantee" or the "Trustee").

The Property is conveyed to the currently acting Trustee to be held under the
[TRUST NAME] dated [__/__/____] (the "Trust"). This deed does not decide whether
a later successor-trustee event requires an additional title instrument or recording.

3. CONSIDERATION

Select and state the actual transaction facts after reviewing the trust, title,
loan, tax, benefit, and consideration records:

☐ No consideration is paid. ☐ Consideration of $[________________] is paid.

Purpose and any retained beneficial interest: [________________________________]

4. GRANTING CLAUSE

For the consideration stated above, the Grantor does hereby GRANT and CONVEY unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, the following described real property situated in [____________] County, North Dakota (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, NORTH DAKOTA, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. STATUTORY GRANT COVENANTS; SUBJECT TO

5.1 Covenants implied by “grant” (N.D.C.C. § 47-10-19). Unless restrained
by express terms in this deed, the word “grant” implies only that before execution
the Grantor did not convey the same estate or an interest in it to another person,
and that the estate is free from encumbrances done, made, or suffered by the
Grantor or a person claiming under the Grantor. This deed does not print the full
any broader title warranty.

5.2 Subject to. This conveyance is made subject to:

(a) Real property taxes and special assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD, BENEFIT, AND COVERAGE REVIEW

6.1 Purpose and trust authority. This conveyance is intended to fund the
identified trust. Counsel confirmed the trust's existence, current trustee,
revocability, signer authority, amendment history, property schedule, and
dispositive treatment. No power to revoke, amend, reconvey, or avoid probate is
created by this deed; those consequences depend on the complete governing facts.

6.2 Homestead and benefits. Counsel determined whether the Property is a
married person's homestead and, if so, both spouses execute and acknowledge this
deed under N.D.C.C. § 47-18-05. Confirm every property-tax, benefit, assessment,
and exemption consequence with the responsible agency; this deed promises no
continuity.

6.3 Title, insurance, and loan review. Obtain written instructions from the
title insurer, property insurer, lender, and any benefit administrator before
recording. This deed makes no representation about coverage, consent, tax, or
benefit continuity.

7. STATEMENT OF FULL CONSIDERATION; AUDITOR; DUE-ON-SALE

7.1 Tax and fee gate. This packet makes no negative tax claim. Counsel must
check current official state, county, and federal sources for transfer, income,
gift, property-tax, benefit, assessment, and recording consequences.

7.2 Statement of Full Consideration required (N.D.C.C. § 11-18-02.2). North Dakota requires the grantee (or the grantee's agent) to certify, on the face of the deed, one of the following statements. Complete and sign the applicable statement:

☐ (Option 1 — Full consideration): "I certify that the full consideration paid for the property described in this deed is $____________."

☐ (Option 2 — Exemption): "I certify that the requirement for a report or statement of full consideration paid does not apply because this deed is for one of the transactions exempted by subdivision ____ of N.D.C.C. § 11-18-02.2(6)."

Signed: ____________________________________ Date: [__/__/____]
(Grantee or Agent)

7.3 County auditor's certificate of transfer (N.D.C.C. § 11-18-02). Unless
an § 11-18-03 route applies, the auditor's certificate must show the transfer was
entered and the specified current and delinquent taxes and special assessments
were paid, or that the instrument is entitled to record without regard to taxes.
Counsel must also clear the section's unsatisfied-lien recording bar.

7.4 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element, the loan documents, and all continuing borrower obligations before relying on the protection.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Grant Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey/release homestead, if applicable

9. ACKNOWLEDGMENT FOR RECORDING (N.D.C.C. § 47-19-03)

Attach or insert the current acknowledgment certificate selected and completed
by the authorized officer after counsel reviews the signers, execution location,
representative capacity, homestead status, and current notarial law.

Acknowledgment certificate: [___________________________________________]

10. RECORDING AND CONSIDERATION-STATEMENT INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the County Recorder of [____________] County, North Dakota — the county in which the Property is located (N.D.C.C. § 47-19-07).
2. Statement of Full Consideration (§ 11-18-02.2). Complete and sign the applicable statement in Section 7.2 on the face of the deed. The recorder will reject a deed that lacks one of the two required statements.

3. County auditor's certificate of transfer (§ 11-18-02). Obtain the
   certificate or document an applicable § 11-18-03 route and clear any listed lien.

4. Legal-description drafter and grantee address. For a metes-and-bounds
   description, use § 47-19-03.1's current drafter-or-prior-instrument statement and
   exceptions. Include every grantee's post-office and any known city street address
   under §§ 47-10-07 and 47-19-05.

5. Format and fees (§ 11-18-05). Preserve three inches across the top of the
   first page, one-inch top, bottom, or side label space on each page, legible text,
   and at least ten-point Calibri unless a government-issued-form exception applies.
   Calculate the current statutory and county charges from the final page and land-
   section count.

6. Collateral records. Follow the written directions obtained from the
   lender, title insurer, property insurer, auditor, and benefit administrators. A
   certification of trust may be furnished under § 59-18-13 when appropriate.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block/subdivision with the recorded plat reference, or government survey (quarter, section, township, range), or metes-and-bounds (state the drafter's name and address per § 47-19-03.1). Include the parcel number and any mineral/reservation language. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• N.D.C.C. Chapter 11-18 — Recorder
• N.D.C.C. Chapter 47-10 — Real Property Transfers
• N.D.C.C. Chapter 47-18 — Homestead
• N.D.C.C. Chapter 47-19 — Recording Real Property Transfers
• N.D.C.C. Chapter 59-18 — Trustee Liability and Dealings
• 12 U.S.C. § 1701j-3(d)(8) — Qualifying Inter Vivos Trust Transfer

This document is provided for informational purposes only and does not constitute legal advice. Consult a licensed North Dakota attorney before executing or recording this deed.