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QUITCLAIM DEED
State of Tennessee (TN)
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Prepared By: [NAME OF PREPARER], Esq.
TN Bar No.: [_]
Company/Firm: [_]
Mailing Address: [___]
After Recording Return To:
[NAME / COMPANY]
[STREET ADDRESS]
[CITY, STATE ZIP]
Tax Parcel/Map No.: [_] | File No.: [_]
Derivation: Deed Book [], Page [], Register’s Office for [__] County, TN
Property Address (for indexing only): [________]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties (None)
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Legal Description of Property
Exhibit B – Affidavit of Consideration for Recording Tax
[// GUIDANCE: Many Tennessee registers of deeds reject deeds lacking the “Prepared By” and “Return To” blocks, derivation clause, map-parcel number, and sworn consideration statement mandated by Tenn. Code Ann. § 67-4-409. Do not delete these items.]
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I. DOCUMENT HEADER
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This Quitclaim Deed (the “Deed”) is made and entered into effective as of the _ day of _, 20__ (the “Effective Date”), by and between:
• [GRANTOR LEGAL NAME], a [state] [entity type / marital status], whose mailing address is [__] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [state] [entity type / marital status], whose mailing address is [__] (“Grantee”).
RECITALS
A. Grantor is vested with whatever right, title, and interest Grantor may have in and to the real property more particularly described in Exhibit A (the “Property”).
B. Grantor desires to convey, and Grantee desires to receive, all of Grantor’s right, title, and interest in and to the Property upon the terms set forth herein.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) cash in hand paid, the other mutual covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
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II. DEFINITIONS
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2.1 “County Register” means the Office of the Register of Deeds for [__] County, Tennessee.
2.2 “Effective Date” has the meaning set forth in the Document Header.
2.3 “Grantor,” “Grantee,” and “Property” have the meanings assigned above.
[// GUIDANCE: Keep definition list short; unnecessary definitions in recorded instruments add pages and fees.]
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III. OPERATIVE PROVISIONS
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3.1 Conveyance. Grantor hereby quitclaims, transfers, and conveys to Grantee, and Grantee’s successors and assigns, all right, title, and interest whatsoever of Grantor in and to the Property, together with all improvements, hereditaments, and appurtenances thereunto belonging, without express or implied warranties of title.
3.2 Habendum. TO HAVE AND TO HOLD the Property unto Grantee forever, in AS-IS, WHERE-IS condition, with all faults and defects, and without recourse to Grantor.
3.3 Consideration. The consideration for this conveyance, declared solely for the purpose of complying with Tenn. Code Ann. § 67-4-409, is $[__].
[// GUIDANCE: Insert actual money paid or fair market value if gifted. Registers will refuse filing if blank.]
3.4 Marital/Dower Statement. If Grantor is an individual, Grantor certifies that [he/she] is [single / married to ____]; any spouse not joining herein hereby releases all dower, curtsey, homestead, and other marital interests in the Property.
3.5 Possession. Possession of the Property shall be delivered to Grantee on the Effective Date, subject only to existing leases, easements, and restrictions of record.
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IV. REPRESENTATIONS & WARRANTIES
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4.1 No Warranties. This is a quitclaim deed. GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ZONING, TAX, OR ENVIRONMENTAL MATTERS.
[// GUIDANCE: Where title assurance is expected, use a “Warranty Deed” instead.]
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V. COVENANTS & RESTRICTIONS
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5.1 Further Assurances. Grantor shall execute such reasonable additional instruments as may be necessary to effectuate the intent of this Deed, at no cost to Grantor.
5.2 Use Restrictions. The conveyance is subject to (i) all matters of record, (ii) governmental laws and regulations, and (iii) rights of parties in possession.
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VI. DEFAULT & REMEDIES
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6.1 Events of Default. A party’s failure to perform any covenant herein constitutes a default after ten (10) days’ written notice and failure to cure.
6.2 Remedies. The non-defaulting party may pursue any remedies available at law or in equity, except as limited in Section VIII (Dispute Resolution).
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VII. RISK ALLOCATION
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7.1 Indemnification. None. (Intentionally omitted in accordance with metadata instructions.)
7.2 Limitation of Liability. Grantor’s liability, if any, shall not exceed the consideration actually received, and any implied covenants are expressly disclaimed to the fullest extent permitted by Tennessee law.
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VIII. DISPUTE RESOLUTION
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8.1 Governing Law. This Deed and any disputes arising hereunder shall be governed by the laws of the State of Tennessee, without regard to conflict-of-laws principles.
8.2 Forum Selection. The state courts located in [__] County, Tennessee shall have exclusive jurisdiction. Arbitration is expressly excluded.
8.3 Jury Waiver. No jury waiver is granted or implied.
8.4 Injunctive Relief. The parties may seek injunctive relief only to (i) quiet title, or (ii) prevent waste or irreparable harm to the Property; all other equitable remedies are waived.
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IX. GENERAL PROVISIONS
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9.1 Recording. Grantee shall record this Deed in the County Register promptly following execution and shall pay all applicable transfer and recording taxes.
9.2 Entire Agreement. This Deed constitutes the entire agreement between the parties regarding conveyance of the Property and supersedes all prior oral or written agreements.
9.3 Amendment; Waiver. Any amendment must be in a recordable instrument executed by the party against whom enforcement is sought. Failure to enforce a provision is not a waiver.
9.4 Severability. If any provision of this Deed is held invalid, the remaining provisions shall remain in full force.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and by electronic or facsimile signature to the fullest extent permitted by law.
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X. EXECUTION BLOCK
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IN WITNESS WHEREOF, the undersigned have executed this Quitclaim Deed as of the Effective Date.
GRANTOR:
[GRANTOR LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________
GRANTEE:
[GRANTEE LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: _________
ACKNOWLEDGMENT (Tennessee – Corporation/Individual)
State of Tennessee )
County of [______] )
Before me, the undersigned Notary Public of said state and county, personally appeared [NAME OF SIGNATORY], [capacity: e.g., “President of [Grantor]” or “personally known”], with whom I am personally acquainted or proved to me on the basis of satisfactory evidence, and who acknowledged that [he/she] executed the foregoing instrument for the purposes therein contained.
Witness my hand and seal, this _ day of _, 20__.
Notary Public
My Commission Expires: _______
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Exhibit A – Legal Description of Property
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[INSERT METES-AND-BOUNDS DESCRIPTION OR LOT/BLOCK REFERENCE EXACTLY AS IT APPEARS IN PRIOR DEED. DO NOT ABBREVIATE.]
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Exhibit B – Affidavit of Consideration (Tenn. Code Ann. § 67-4-409)
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STATE OF TENNESSEE )
COUNTY OF [__] )
Personally appeared before me, the undersigned affiant, who after being duly sworn states:
- Affiant is the [Grantor’s/Grantee’s] duly authorized representative.
- The actual consideration or value for the transfer of the Property is $[__].
- The Tennessee Realty Transfer/Recording Tax under Tenn. Code Ann. § 67-4-409 is $[__] (computed at $0.37 per $100.00 of value).
- This affidavit is made to comply with said statute for the benefit of the Register of Deeds and the Tennessee Department of Revenue.
Affiant
Sworn to and subscribed before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Some counties require this affidavit be separate from the deed; others accept inclusion as an exhibit. Confirm local practice.]
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END OF DOCUMENT
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