Special Warranty Deed

IMPORTANT LEGAL NOTICE
This Special Warranty Deed provides LIMITED warranty protection. The Grantor warrants ONLY against title defects arising during Grantor's period of ownership. Hawaii maintains two separate recording systems (Land Court and Regular System) - verify which system applies to your property before recording. Obtain title insurance for complete protection.

SPECIAL WARRANTY DEED

State of Hawaii

RECORDING INFORMATION

[3.5" TOP MARGIN REQUIRED - LEAVE SPACE ABOVE THIS LINE]

Tax Map Key (TMK): () -_-___:___

Recording System:
☐ Regular System
☐ Land Court System (TCT No. _______________)
☐ Dual System

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Hawaii Bar No. (if attorney): _________________

PROPERTY INFORMATION

HAWAII CONVEYANCE TAX

Conveyance Tax Rates (HRS 247-2)

For Properties NOT Qualifying for County Homeowner's Exemption:
| Consideration | Tax Rate |
|--------------|----------|
| Up to $600,000 | $0.15 per $100 |
| $600,001 - $1,000,000 | $0.25 per $100 |
| $1,000,001 - $2,000,000 | $0.40 per $100 |
| $2,000,001 - $4,000,000 | $0.60 per $100 |
| $4,000,001 - $6,000,000 | $0.85 per $100 |
| $6,000,001 - $10,000,000 | $1.10 per $100 |
| Over $10,000,000 | $1.25 per $100 |

For Properties Qualifying for County Homeowner's Exemption:
| Consideration | Tax Rate |
|--------------|----------|
| Up to $600,000 | $0.10 per $100 |
| $600,001 - $1,000,000 | $0.20 per $100 |
| Over $1,000,000 | $0.30 per $100 |

Required Tax Forms

☐ Form P-64A - Conveyance Tax Certificate (taxable transfers)
☐ Form P-64B - Exemption Certificate (exempt transfers)

PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ Single
☐ Married, spouse joining in conveyance
☐ Married, conveying separate property

Entity Type (if applicable):
☐ A Hawaii limited liability company
☐ A Hawaii corporation
☐ A [State] limited liability company registered in Hawaii
☐ A [State] corporation registered in Hawaii
☐ Trustee of [Trust Name] dated [DATE]

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title (HRS 509-1):
☐ As a single person in severalty
☐ As tenants in common (default for 2+ persons unless stated otherwise)
☐ As joint tenants with right of survivorship (must be expressly stated)
☐ As tenants by the entirety (married couples, must be expressly stated)
☐ As a Hawaii limited liability company
☐ As a Hawaii corporation
☐ As Trustee of [Trust Name] dated [DATE]

NOTE: Per HRS 509-1, an estate conveyed to two or more persons is deemed a tenancy in common unless the deed expressly states otherwise.

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [GRANTOR NAME] ("Grantor"), whose address is [GRANTOR ADDRESS], for and in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto [GRANTEE NAME] ("Grantee"), whose address is [GRANTEE ADDRESS], all of that certain parcel of land situate at [AHUPUAA], District of [DISTRICT], Island and County of [COUNTY], State of Hawaii, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property").

Property Conveyed

TOGETHER with all rights, easements, privileges, and appurtenances thereunto belonging, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All riparian or littoral rights (if applicable)
☐ All rights in streets and ways adjoining the Property
☐ All kuleana rights (if applicable)

Habendum Clause

TO HAVE AND TO HOLD the same unto the said Grantee, and to Grantee's heirs, successors, and assigns forever.

SPECIAL WARRANTY COVENANTS

Limited Warranty

AND the said Grantor does hereby covenant with the said Grantee that:

1. Grantor is lawfully seized of the Property in fee simple;
2. Grantor has good right to sell and convey the same;
3. The Property is free and clear of all liens, charges, and encumbrances made or suffered by Grantor, except as herein set forth; and
4. Grantor will WARRANT AND DEFEND the same to the said Grantee against the lawful claims and demands of all persons claiming by, through, or under Grantor, but not otherwise.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to defects in title arising during Grantor's period of ownership. Grantor does NOT warrant against:

☐ Title defects existing before Grantor acquired the Property
☐ Liens or encumbrances created by prior owners
☐ Claims by parties not claiming through Grantor
☐ Matters affecting title prior to Grantor's ownership
☐ Any defects not caused by acts or omissions of Grantor

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Real property taxes not yet due and payable
☐ Reservations in favor of the State of Hawaii
☐ Encroachments, overlaps, boundary line disputes, and other matters disclosed by survey
☐ Easements, covenants, conditions, and restrictions of record
☐ Rights of tenants in possession

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded as Document No. _____________, Bureau of Conveyances

2. [SPECIFIC EXCEPTION]
   Recorded as Document No. _____________, Bureau of Conveyances

3. [SPECIFIC EXCEPTION]
   Recorded as Document No. _____________, Bureau of Conveyances

☐ See Exhibit B for additional exceptions

GRANTOR REPRESENTATIONS

Authority

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized and in good standing
☐ If entity: This conveyance has been duly authorized

HARPTA / FIRPTA Compliance

☐ Grantor is not a "nonresident person" under HRS 235-68 (HARPTA)
☐ Grantor is a "nonresident person" and HARPTA withholding of 7.25% applies
☐ Grantor is not a "foreign person" under 26 U.S.C. Section 1445 (FIRPTA)
☐ Grantor is a "foreign person" and FIRPTA withholding applies

EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this deed as of the _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Individual Grantor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (if applicable):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

ACKNOWLEDGMENT

Individual Acknowledgment (Hawaii - HRS 502-42)

STATE OF HAWAII          )
                         ) SS.
COUNTY OF ______________ )

On this _____ day of _________________, 20_____, before me personally
appeared ____________________________________________, to me known to
be the person(s) described in and who executed the foregoing instrument,
and acknowledged that he/she/they executed the same as his/her/their
free act and deed.


________________________________________
Notary Public, State of Hawaii
My Commission Expires: _________________
Print Name: ____________________________

Document Date: _________________________
Number of Pages: _______________________
Notary Certification Statement (Form)
Doc. Description: Special Warranty Deed
Jurisdiction: Circuit: _____ / State: Hawaii
Signature of Notary: ___________________
Date of Notarization: __________________

(NOTARY STAMP/SEAL REQUIRED)

[NOTARY SEAL]

Entity Acknowledgment (Hawaii)

STATE OF HAWAII          )
                         ) SS.
COUNTY OF ______________ )

On this _____ day of _________________, 20_____, before me personally
appeared ____________________________________________, to me personally
known, who, being by me duly sworn, did say that he/she is the
_________________________ [title] of ________________________________
[entity name], a _________________________ [type of entity], and that
said instrument was signed on behalf of said entity by authority of its
governing documents, and said person acknowledged said instrument to be
the free act and deed of said entity.


________________________________________
Notary Public, State of Hawaii
My Commission Expires: _________________
Print Name: ____________________________

(NOTARY STAMP/SEAL REQUIRED)

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Hawaii [ZIP]

Tax Map Key (TMK): () -_-___:___

Recording System: ☐ Regular System ☐ Land Court (TCT No. _______)

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

For Regular System Property:
All of that certain parcel of land situate at [AHUPUAA], District of [DISTRICT], Island and County of [COUNTY], State of Hawaii, described as follows:

[METES AND BOUNDS or LOT DESCRIPTION]

Being a portion of the land described in and covered by [LAND PATENT/ROYAL PATENT/DEED] recorded in the Bureau of Conveyances of the State of Hawaii as Document No. _____________.

For Land Court Property:
All of that certain parcel of land situate at [AHUPUAA], District of [DISTRICT], Island and County of [COUNTY], State of Hawaii, being Lot _____ as shown on Map _____ filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Transfer Certificate of Title No. _____________.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all encumbrances that will remain after closing]

1. ________________________________________________________________
   (Document No. _____________)

2. ________________________________________________________________
   (Document No. _____________)

HAWAII RECORDING REQUIREMENTS

Bureau of Conveyances

All documents are recorded at the State of Hawaii Bureau of Conveyances in Honolulu.

Recording Systems

Hawaii maintains two separate systems:

• Regular System - Traditional grantor/grantee index recording
• Land Court (Torrens) System - Certificate of title system

IMPORTANT: Check prior deed label location to determine system:

• Upper LEFT corner = Land Court System
• Upper RIGHT corner = Regular System
• Both corners = Dual System

Recording Fees

• Land Court System: $36.00 (up to 50 pages); $101.00 (over 50 pages)
• Regular System: $41.00 (up to 50 pages); $106.00 (over 50 pages)

Document Requirements (HRS 502-41)

☐ 3.5" top margin on first page REQUIRED
☐ Signed by Grantor
☐ Acknowledgment in form per HRS 502-42 or 502-45
☐ Conveyance Tax Certificate (Form P-64A or P-64B)
☐ TMK number included
☐ Grantee's mailing address included

Statutory References

• HRS 502-41 - Requirements for recordable instruments
• HRS 502-42 - Form of acknowledgment
• HRS 502-45 - Alternative acknowledgment forms
• HRS 502-83 - Effect of not recording
• HRS 509-1 - Manner of holding title (tenancy rules)
• HRS 247-1 et seq. - Conveyance tax

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Special Warranty Deed with LIMITED warranties, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company. The Bureau of Conveyances recommends working with an attorney or title company to ensure proper document preparation. Title insurance will protect against defects from prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation

END OF SPECIAL WARRANTY DEED

Hawaii Revised Statutes Title 28