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. A special warranty deed includes a covenant to defend title only against claims of the grantor and those claiming by, through, or under the grantor. Idaho does not impose a state real estate transfer tax. Obtain title insurance for complete protection.

SPECIAL WARRANTY DEED

State of Idaho

[3" TOP MARGIN REQUIRED FOR RECORDING STAMPS]

RECORDING INFORMATION

After Recording Return To:

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

Prepared By:

Name: ________________________________________
Address: _____________________________________
Idaho Bar No. (if attorney): __________________

PROPERTY INFORMATION

RECORDING FEES

Note: Idaho does NOT impose a state real estate transfer tax.

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, dealing with separate property

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

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife as community property
☐ As husband and wife as community property with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As an Idaho limited liability company
☐ As an Idaho corporation
☐ As Trustee of [Trust Name] dated [DATE]

CONVEYANCE

Granting Clause

FOR VALUE RECEIVED, [GRANTOR NAME] ("Grantor"), does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto [GRANTEE NAME] ("Grantee"), whose current address is [GRANTEE ADDRESS], the following described real property in [COUNTY] County, State of Idaho:

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

Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All water rights 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 said premises, with their appurtenances, unto the said Grantee, Grantee's heirs and assigns forever.

SPECIAL WARRANTY COVENANTS

Limited Warranty

And Grantor does hereby covenant to and with Grantee that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances made or suffered by Grantor except as herein set forth; and that Grantor will warrant and defend the same from all lawful claims by, through, or under Grantor, but not otherwise.

Scope of Special Warranty

THIS IS A SPECIAL WARRANTY DEED. The covenants and warranties herein are LIMITED to:

1. That Grantor received title to the Property;
2. That the Property was not encumbered during the time Grantor held title, except as otherwise noted herein;
3. Defense against claims arising by, through, or under Grantor only.

Grantor does NOT warrant against:

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

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ General taxes for the current year, a lien not yet due and payable
☐ Special assessments, if any, not shown as existing liens by the records
☐ Easements, restrictions, reservations, and rights-of-way of record
☐ Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by inquiry of persons in possession
☐ Matters which may be disclosed by an accurate survey and inspection of the premises

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded as Instrument No. _____________, [COUNTY] County Records

2. [SPECIFIC EXCEPTION]
   Recorded as Instrument No. _____________, [COUNTY] County Records

3. [SPECIFIC EXCEPTION]
   Recorded as Instrument 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

Community Property (if applicable)

☐ The Property is not community property
☐ The Property is community property and both spouses are signing

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

DATED 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: _________________________________

WITNESS SIGNATURES (Required ONLY for Trust Conveyances)

NOTE: Idaho generally does NOT require witnesses for deeds. However, two witnesses are required for deeds involving trusts per Idaho's 2023 legislative updates.

Witness 1 (if required):
________________________________________
Print Name: _____________________________

Witness 2 (if required):
________________________________________
Print Name: _____________________________

ACKNOWLEDGMENT

Individual Acknowledgment (Idaho - Idaho Code 55-701)

STATE OF IDAHO       )
                     ) ss.
COUNTY OF __________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for said State, personally appeared
____________________________________________, known or identified to me
to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.


________________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment (Idaho)

STATE OF IDAHO       )
                     ) ss.
COUNTY OF __________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for said State, personally appeared
____________________________________________, known or identified to me
to be the _________________________ [title] of _________________________
[entity name], the entity that executed the within instrument, and
acknowledged to me that such entity executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.


________________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________

[NOTARY SEAL]

Remote Online Notarization (RON) Acknowledgment

STATE OF IDAHO       )
                     ) ss.
COUNTY OF __________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for said State, personally appeared
____________________________________________, by means of communication
technology in accordance with Idaho Code Chapter 51, Title 51, known
or identified to me to be the person(s) whose name(s) is/are subscribed
to the within instrument, and acknowledged to me that he/she/they
executed the same.

This notarial act involved the use of communication technology.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.


________________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

Parcel Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], according to the official plat thereof, filed in Book ___ of Plats at Page(s) ___, records of [COUNTY] County, Idaho.

• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ [North/South], Range ___ [East/West], Boise Meridian, [COUNTY] County, Idaho.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Idaho

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

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

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

IDAHO RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Recorder, [COUNTY] County, Idaho
• Recording Fee: $30.00 for first page + $5.00 per additional page
• Transfer Tax: Idaho does NOT impose a state real estate transfer tax

Document Requirements (Idaho Code Title 55)

☐ 3" top margin for recording stamps (Idaho Code 55-812)
☐ Signed by Grantor
☐ Proper acknowledgment before notary public or authorized officer (55-701)
☐ For trusts: Two witnesses required (2023 legislative update)
☐ Legible and reproducible
☐ Grantee's mailing address included

Persons Authorized to Take Acknowledgments (Idaho Code 55-701)

• Justice or Clerk of the Supreme Court
• Notary Public
• Secretary of State
• United States Commissioner

Effect of Recording (Idaho Code 55-811)

Every deed recorded as prescribed by law is constructive notice of its contents to subsequent purchasers and mortgagees from the time it is filed with the recorder.

Unrecorded Deeds (Idaho Code 55-812, 55-815)

An unrecorded deed is void against any subsequent purchaser or mortgagee in good faith and for value whose conveyance is first duly recorded. However, the unrecorded deed is valid between the parties and those with actual notice.

Statutory References

• Idaho Code 55-601 - Transfer of real property must be in writing
• Idaho Code 55-701 - Acknowledgment of instruments
• Idaho Code 55-718 - Proof of execution when not acknowledged
• Idaho Code 55-805 - Foreign acknowledgments
• Idaho Code 55-808 - Recording with county recorder
• Idaho Code 55-811 - Effect of recording
• Idaho Code 55-812 - Unrecorded conveyances void against subsequent purchasers

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

Idaho Code Title 55