QUITCLAIM DEED
(Nebraska – No Warranties)
[// GUIDANCE: 3" top margin is customary for recording in Nebraska. Confirm county-specific margin requirements before filing.]
Prepared By: [ NAME, NE Bar # ]
Return To: [ NAME & ADDRESS ]
Send Tax Statements To: [ GRANTEE NAME & ADDRESS ]
Parcel ID No.: [ PID ]
Document No.: [ To be completed by Register of Deeds ]
TABLE OF CONTENTS
- Conveyance & Consideration
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Defaults & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Acknowledgment
1. CONVEYANCE & CONSIDERATION
This Quitclaim Deed (the “Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [GRANTOR LEGAL NAME], a [ENTITY TYPE / “married individual” / “unmarried individual”], whose mailing address is [ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [ENTITY TYPE / “married individual” / “unmarried individual”], whose mailing address is [ADDRESS] (“Grantee”).
For valuable consideration of [WRITTEN DOLLAR AMOUNT] USD ($[NUMERICAL]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby QUITCLAIMS, TRANSFERS, AND CONVEYS to Grantee, without covenant or warranty, all of Grantor’s right, title, and interest, if any, in and to the real property located in [COUNTY] County, Nebraska, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the “Property”).
[// GUIDANCE: Nebraska imposes a documentary stamp tax under Neb. Rev. Stat. § 76-901 et seq. Confirm current rate and any exemptions before affixing stamps.]
2. DEFINITIONS
Capitalized terms have the meanings set forth below:
“Affiliate” means, with respect to any Person, any other Person that directly or indirectly Controls, is Controlled by, or is under common Control with such Person.
“Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person.
“Effective Date” has the meaning set forth in Section 1.
“Person” means any individual, corporation, limited liability company, partnership, trust, governmental authority, or other entity.
“Property” has the meaning set forth in Section 1.
3. OPERATIVE PROVISIONS
3.1 Transfer Taxes & Recording.
(a) Grantor shall execute and deliver this Deed to Grantee.
(b) Grantee shall:
(i) arrange for the affixing of the Nebraska documentary stamp tax in the amount of $[AMOUNT] unless an exemption applies; and
(ii) cause this Deed to be recorded in the Office of the Register of Deeds of the county where the Property is located.
3.2 Possession. Possession shall be delivered to Grantee as of the Effective Date, subject to any existing tenancies of record.
3.3 No Merger. The acceptance and recording of this Deed shall not merge any underlying obligations set forth in any separate agreement between the parties.
4. REPRESENTATIONS & WARRANTIES
4.1 Grantor’s Authority. Grantor represents that it has full authority to execute and deliver this Deed and to convey the interest described herein.
4.2 No Further Warranties. Except as expressly set forth in Section 4.1, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST ENCUMBRANCES.
4.3 Survival. The representations in Section 4.1 survive delivery of this Deed; all other representations merge into this Deed upon delivery.
5. COVENANTS & RESTRICTIONS
5.1 Compliance with Law. Grantee covenants to comply with all applicable federal, state, and local laws, ordinances, regulations, and zoning restrictions affecting the Property.
5.2 Hazardous Substances. Grantor makes no covenants regarding environmental condition. Grantee assumes responsibility for compliance with all environmental laws.
6. DEFAULTS & REMEDIES
Because this is a present conveyance, traditional “default” provisions are inapplicable. Any breach of the surviving covenants or representations herein may be enforced by specific performance or damages consistent with Nebraska law.
7. RISK ALLOCATION
7.1 No Indemnification. As set forth in the metadata, the parties provide no indemnification obligations under this Deed.
7.2 Limitation of Liability. Except for willful misconduct or fraud, neither party shall be liable for consequential, incidental, or punitive damages arising out of or related to this Deed.
7.3 “AS-IS, WHERE-IS” Conveyance. Grantee acknowledges that Grantor conveys the Property “AS IS, WHERE IS, WITH ALL FAULTS,” and Grantee has had the opportunity to inspect the Property and review title.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed is governed by the laws of the State of Nebraska without regard to conflict-of-law principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction in the state courts located in the county where the Property is situated.
8.3 Arbitration & Jury Trial. Arbitration is expressly excluded. The parties do not waive their right to a jury trial.
8.4 Injunctive Relief. Nothing herein limits the right of a party to seek injunctive or equitable relief to prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties concerning the conveyance of the Property.
9.2 Amendments. Any amendment to this Deed must be in writing and executed with the same formalities as this Deed.
9.3 Severability. If any provision is held invalid, the remaining provisions remain in full force.
9.4 Successors and Assigns. This Deed binds and benefits the parties and their respective successors and assigns.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Electronic signatures shall be deemed original signatures for all purposes.
10. EXECUTION & ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title (if entity): _____
GRANTEE (Acknowledgment of Acceptance Recommended):
[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title (if entity): _____
NOTARY ACKNOWLEDGMENT – NEBRASKA
State of Nebraska )
: ss.
County of [__] )
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [GRANTOR NAME], proved to me through satisfactory evidence of identification to be the person whose name is subscribed to the foregoing instrument, and acknowledged that ___ executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Nebraska recognizes Uniform Law on Notarial Acts. Confirm current acknowledgment form (individual vs. corporate). If Grantor/Grantee is an entity, use corporate acknowledgment language.]
EXHIBIT A
Legal Description of the Property
[INSERT FULL METES-AND-BOUNDS OR PLATTED DESCRIPTION EXACTLY AS APPEARS OF RECORD]
[// GUIDANCE:
1. Attach completed Nebraska Real Estate Transfer Statement Form 521 when submitting for recording.
2. Verify marital status; Nebraska is not a community-property state, but spousal joinder may be required if the Property is a homestead.
3. Confirm release of any prior deeds of trust or liens before closing.
4. Maintain original ink signatures for recording; some counties accept e-recording but still require notarization.]