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. Iowa requires a Declaration of Value Statement for recording unless exempt. A Groundwater Hazard Statement is also required. Transfer to a married couple vests as joint tenancy unless otherwise stated (Iowa Code 557.15). Obtain title insurance for complete protection.

SPECIAL WARRANTY DEED

State of Iowa

[3-INCH TOP MARGIN REQUIRED FOR RECORDING INFORMATION]

RECORDING INFORMATION

After Recording Return To:

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

Address Tax Statement To:

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

Prepared By:

Name: ________________________________________
Address: _____________________________________
Iowa Bar No. (if attorney): ___________________

PROPERTY INFORMATION

DECLARATION OF VALUE / TRANSFER TAX

Declaration of Value Requirements (Iowa Code 428A)

☐ Declaration of Value Statement attached
☐ Revenue stamps affixed to represent full sale price over $500
☐ Transfer is EXEMPT - Exemption stated below

Transfer Tax Exemptions (Iowa Code 428A.2)

☐ Transfer to government entity
☐ Transfer without consideration (gift)
☐ Transfer to confirm title already vested in grantee
☐ Transfer of property sold for delinquent taxes
☐ Transfer pursuant to merger or consolidation
☐ Transfer between spouses or parent and child
☐ Other exemption: ________________________________

GROUNDWATER HAZARD STATEMENT (Iowa Code 558.69)

Pursuant to Iowa Code Section 558.69, the following must be disclosed or the required statement included:

☐ Groundwater Hazard Statement filed with Declaration of Value

OR

☐ The following statement is included on the first page of this deed (per Iowa Code 558.69(8A)):

"The seller of the property described herein certifies that, to the best of the seller's knowledge, there is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the property."

PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ A single person
☐ A married person, spouse joining
☐ A married person, conveying separate property

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

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:

NOTE: Per Iowa Code 557.15(3)(a), a transfer to a married couple vests as a JOINT TENANCY unless otherwise stated.

☐ As a single person
☐ As husband and wife (vests as joint tenancy per IC 557.15)
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%) - MUST BE EXPRESSLY STATED
☐ As an Iowa limited liability company
☐ As an Iowa corporation
☐ As Trustee of [Trust Name]

CONVEYANCE

Granting Clause

KNOW ALL MEN BY THESE PRESENTS:

That [GRANTOR NAME] ("Grantor"), of [COUNTY] County, Iowa, in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), and other good and valuable consideration, in hand paid by [GRANTEE NAME] ("Grantee"), do hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto the said Grantee, the following described real estate situated in [COUNTY] County, Iowa, to-wit:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Source of Title

This property was acquired by Grantor by [WARRANTY DEED/QUIT CLAIM DEED/OTHER] dated _________________, 20_____, recorded in Book _____, Page _____ (or Document No. _____________), in the Office of the County Recorder of [COUNTY] County, Iowa.

Property Conveyed

TOGETHER with all the tenements, hereditaments, and appurtenances thereunto belonging, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in streets, alleys, and ways adjoining the Property
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the same, together with all appurtenances thereunto belonging, unto the said Grantee, and Grantee's heirs and assigns forever.

SPECIAL WARRANTY COVENANTS

Limited Warranty

And Grantor does hereby covenant with Grantee that:

1. Grantor holds said premises by good and sufficient title;
2. Grantor has good and lawful right to sell and convey the same;
3. The premises are free and clear of all liens and encumbrances made or suffered by Grantor, except as stated herein; and
4. Grantor does covenant to WARRANT AND DEFEND the said premises against the lawful claims of all persons claiming by, through, or under Grantor, but not otherwise.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. Grantor warrants title only against claims arising by, through, or under Grantor during Grantor's period of ownership. Grantor does NOT warrant against:

☐ Claims arising before Grantor acquired title
☐ Defects created by prior owners
☐ Encumbrances not created by Grantor
☐ Claims of parties not claiming under Grantor
☐ Matters of public record prior to Grantor's acquisition

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Real estate taxes and special assessments not yet due and payable
☐ Building and zoning ordinances and regulations
☐ Easements and restrictions of record
☐ Highway and road rights-of-way
☐ Rights of parties in possession

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____ (or Doc. No. _____), [COUNTY] County Records

2. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____ (or Doc. No. _____), [COUNTY] County Records

3. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____ (or Doc. No. _____), [COUNTY] County Records

☐ 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, validly existing, and in good standing
☐ If entity: This conveyance has been duly authorized by all necessary action

FIRPTA Compliance

☐ Grantor is not a "foreign person" as defined in 26 U.S.C. Section 1445
☐ Grantor is a "foreign person" and FIRPTA withholding applies

EXECUTION

IN WITNESS WHEREOF, Grantor has set Grantor's hand this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Individual Grantor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (if applicable):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

[Affix Corporate Seal if applicable]

ACKNOWLEDGMENT (Iowa Code Chapter 9B and 558.20)

NOTE: Iowa does NOT require witnesses for deeds - only notarization is required.

Individual Acknowledgment (Iowa)

STATE OF IOWA           )
                        ) SS
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally
appeared ____________________________________________, to me known to be
the identical person(s) named in and who executed the foregoing
instrument, and acknowledged that he/she/they executed the same as
his/her/their voluntary act and deed.


________________________________________
Notary Public in and for the State of Iowa
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment (Iowa)

STATE OF IOWA           )
                        ) SS
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for the State of Iowa, 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 _________________________ acknowledged the
execution of said instrument to be the voluntary act and deed of said
entity, by it and by him/her voluntarily executed.


________________________________________
Notary Public in and for the State of Iowa
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, [SUBDIVISION NAME], an Official Plat, now included in and forming a part of the City of [CITY], [COUNTY] County, Iowa.

• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ North, Range ___ [East/West] of the 5th P.M., [COUNTY] County, Iowa.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Iowa

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

IOWA RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Recorder, [COUNTY] County, Iowa
• Recording Fee: Varies by county (typically $10 for first page, additional per page)
• Transfer Tax: $0.80 per $500 of consideration over $500

Document Requirements (Iowa Code 558)

☐ 3-inch minimum top margin for recording information
☐ Dated instrument
☐ Notarized acknowledgment (dated)
☐ Original signatures with typed/printed names below
☐ Declaration of Value Statement (unless exempt)
☐ Revenue stamps (unless exempt)
☐ Groundwater Hazard Statement or certification language
☐ Complete legal description (lot, block, addition, city OR section, township, range)
☐ Address for tax statement
☐ Legible and reproducible
☐ Corporate seal (if applicable)

Groundwater Hazard Statement (Iowa Code 558.69)

As of July 1, 2022, deeds must either:

• Be accompanied by a Groundwater Hazard Statement, OR
• Include specific certification language on the first page regarding absence of hazards

Statutory References

• Iowa Code Chapter 558 - Conveyances
• Iowa Code 557.15 - Joint tenancy for married couples
• Iowa Code 428A - Declaration of Value; Transfer Tax
• Iowa Code 558.69 - Groundwater Hazard Statement
• Iowa Code Chapter 9B - Uniform Law on Notarial Acts

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. 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

Iowa Code Chapter 558