Special Warranty Deed

SPECIAL WARRANTY DEED

State of Nebraska

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 3 inches x 8.5 inches required per Neb. Rev. Stat. 23-1503.01)

DOCUMENT INFORMATION

DOCUMENTARY STAMP TAX STATEMENT

Documentary Stamp Tax Due: $_______________

(Rate: $2.32 per $1,000 of actual purchase price, effective September 3, 2025)

Purchase Price: $_______________

☐ Documentary Stamp Tax is paid herewith.

☐ This transfer is EXEMPT from Documentary Stamp Tax because:
_____________________________________________

☐ Nominal consideration - Documentary Stamp Tax based on assessed value of $_______________

SPECIAL WARRANTY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, BARGAINS, SELLS, AND CONVEYS with SPECIAL WARRANTY COVENANTS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of Nebraska, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Parcel ID/Tax Lot: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor hereby covenants with Grantee that Grantor is lawfully seized of said premises; that the premises are free from encumbrances made by Grantor; and that Grantor WARRANTS AND WILL DEFEND the title to the above-described premises against the lawful claims and demands of all persons claiming by, through, or under the Grantor, but against none other.

Section 3.2 Effect of Special Warranty Language

By including the above language, Grantor covenants that:

(a) Grantor has not previously conveyed the same estate or any right, title, or interest therein to any person other than the Grantee;

(b) The estate is, at the time of execution, free from encumbrances done, made, or suffered by Grantor;

(c) This warranty extends only to claims arising from acts or omissions of the Grantor and those claiming by, through, or under the Grantor.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• Neb. Rev. Stat. 76-251 (Conveyances of real property)
• Neb. Rev. Stat. 23-1503.01 (Recording requirements)
• Neb. Rev. Stat. 33-109 (Recording fees)
• Neb. Rev. Stat. 76-901 et seq. (Documentary stamp tax)
• Neb. Rev. Stat. 23-1510 (Document standards)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Real Estate Transfer Statement

☐ Nebraska Real Estate Transfer Statement (Form 521) is attached hereto.

Section 5.2 Homestead Disclaimer (if applicable)

☐ The property described herein is NOT the homestead of Grantor.
☐ The property described herein IS the homestead of Grantor, and this conveyance is executed by both spouses.

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature (Black or Dark Blue Ink)

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature (Black or Dark Blue Ink)

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Nebraska Acknowledgment (Individual)

STATE OF NEBRASKA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County, personally appeared _____________________________________________, to me known (or proved to me on the basis of satisfactory evidence) to be the identical person(s) whose name(s) is/are affixed to the above instrument and acknowledged the execution thereof to be his/her/their voluntary act and deed.

☐ Witness my hand and notarial seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 7.2 Nebraska Acknowledgment (Entity)

STATE OF NEBRASKA
COUNTY OF _________________

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

☐ Witness my hand and notarial seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared:

_____________________________________________

to me known (or proved to me) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged the execution thereof.

☐ Witness my hand and notarial seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Nebraska

NEBRASKA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements (Neb. Rev. Stat. 23-1503.01)

• Top Margin: Minimum 3 inches by 8.5 inches blank space for recording information
• Side/Bottom Margins: Minimum 1 inch on vertical sides and bottom
• Paper Size: Minimum 8.5" x 11", maximum 8.5" x 14"
• Paper Weight: Minimum 20-pound weight, white, no watermarks
• Font Size: Minimum 8-point (presumed legible)
• Ink: Black ink on white background
• Signatures: Black or dark blue ink, sufficient color and clarity for reproduction
• Electronic/Digital Signatures: Permitted

Recording Fees (Per Neb. Rev. Stat. 33-109)

Documentary Stamp Tax (Effective September 3, 2025)

Required Accompanying Documents

1. Real Estate Transfer Statement (Form 521) - Required for all property transfers
2. Documentary Stamp Tax Payment - Unless exempt

Documentary Stamp Tax Exemptions

• Transfers to governmental entities
• Transfers by operation of law
• Certain interfamily transfers
• Transfers incident to divorce
• Other statutory exemptions

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice of the conveyance.

2. Priority: Nebraska follows the race-notice rule. A subsequent purchaser for value without notice who records first has priority.

3. Homestead: Nebraska provides homestead protection. If the property is a homestead, both spouses must sign the deed.

4. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

5. Legal Counsel: Consultation with a licensed Nebraska attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Nebraska attorney before using this form.