GENERAL WARRANTY DEED
(State of Alaska)
[// GUIDANCE: This template is drafted for real property located in the State of Alaska. Replace every bracketed placeholder with final deal terms, confirm legal descriptions against the preliminary title report, and review local recording office checklists before execution.]
RECORDING COVER PAGE
(Return to top margin of first page – required for Alaska recordings)
When Recorded Return To: [NAME & ADDRESS]
Parcel ID / Tax Lot No.: [PID/TAX LOT]
Send All Future Tax Statements To: [NAME & ADDRESS]
Document Title: GENERAL WARRANTY DEED
Reference No(s). (if any): [INSTRUMENT NOS. BEING RELEASED/MODIFIED]
[// GUIDANCE: Alaska recording offices require at least a 2" top margin on page one, 1″ margins on all other edges, 10-point minimum font, and a completed cover page with “Return To” and “Tax Statements To” blocks.]
TABLE OF CONTENTS
- Definitions
- Grant and Conveyance
- Warranty Covenants
- Representations & Warranties of Grantor
- Covenants & Restrictions Running With Title
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution & Notarial Acknowledgment
- Exhibits
1. DEFINITIONS
For purposes of this Deed, the following terms have the meanings indicated below. Defined terms are capitalized throughout.
1.1 “Deed” means this General Warranty Deed, together with all Exhibits and acknowledged signatures.
1.2 “Grantor” means [FULL LEGAL NAME(S) OF GRANTOR, state of organization, and type of entity or “an individual”].
1.3 “Grantee” means [FULL LEGAL NAME(S) OF GRANTEE, tenancy designation if multiple grantees (e.g., joint tenants, tenants in common, tenants by the entirety)].
1.4 “Property” means the real property legally described on Exhibit A, together with all appurtenant rights, hereditaments, and improvements.
1.5 “Consideration” means the sum of [WRITTEN DOLLAR AMOUNT] U.S. Dollars (USD $[NUMERICAL]), receipt and sufficiency of which are acknowledged by Grantor.
2. GRANT AND CONVEYANCE
For the Consideration and subject to the terms set forth herein, Grantor hereby CONVEYS AND WARRANTS to Grantee, in fee simple, the Property, free and clear of all liens and encumbrances other than the Permitted Exceptions listed on Exhibit B.
3. WARRANTY COVENANTS
Grantor covenants with Grantee, and with Grantee’s heirs, successors, and assigns, that:
3.1 Seisin. Grantor is lawfully seized of an indefeasible estate in the Property.
3.2 Authority and Right to Convey. Grantor has full power and lawful authority to convey the same.
3.3 No Encumbrances. The Property is free from all encumbrances except the Permitted Exceptions.
3.4 Quiet Enjoyment. Grantee shall quietly enjoy and possess the Property without lawful disturbance.
3.5 Further Assurances. Grantor will execute and deliver such further instruments as may be reasonably necessary to vest title in Grantee as herein conveyed.
3.6 Defense of Title. Grantor will warrant and defend the title against all lawful claims and demands of all persons claiming through Grantor.
[// GUIDANCE: These covenants mirror the statutory form of general warranty in Alaska. If a limited form of warranty is desired, delete or modify covenants 3.1–3.6 accordingly.]
4. REPRESENTATIONS & WARRANTIES OF GRANTOR
Grantor additionally represents, warrants, and covenants that as of the Effective Date:
4.1 Compliance. No violation of building, zoning, environmental, or other laws exists on the Property that has not been cured or disclosed in writing to Grantee.
4.2 Litigation. There is no pending or threatened litigation or condemnation affecting the Property, except as set forth on Disclosure Schedule 1.
4.3 Taxes. All real property taxes and assessments due and owing prior to the Effective Date are paid in full or will be paid at closing.
4.4 Foreign Person. Grantor is not a “foreign person” within the meaning of 26 U.S.C. § 1445, and will deliver a non-foreign affidavit at closing.
4.5 Survival. The representations and warranties in this Article 4 survive delivery of this Deed for a period of [_____] years.
5. COVENANTS & RESTRICTIONS RUNNING WITH TITLE
5.1 Permitted Exceptions. Title shall be subject only to the matters listed on Exhibit B.
5.2 Use Restrictions. Grantee covenants that the Property will not be used for any purpose in violation of applicable federal, state, or local law.
5.3 Environmental Covenants. Grantee assumes responsibility for any post-closing environmental compliance; however, Grantor retains liability for pre-closing releases of Hazardous Substances.
6. RISK ALLOCATION
6.1 Indemnification by Grantor. Grantor shall indemnify, defend, and hold harmless Grantee from any Losses arising out of a breach of Grantor’s covenants, representations, or warranties herein (“Warranty Claims”).
6.2 Monetary Cap. Grantor’s aggregate liability for Warranty Claims shall not exceed the Consideration actually paid.
6.3 Exclusive Remedy. The indemnification in Section 6.1 constitutes Grantee’s sole and exclusive remedy for Warranty Claims, except in the event of Grantor’s fraud or willful misconduct.
6.4 Transfer Taxes. Alaska imposes no state transfer tax as of the Effective Date; any municipal transfer tax shall be paid by [PARTY RESPONSIBLE] in the amount shown on the statutory tax declaration form to be recorded concurrently.
[// GUIDANCE: Confirm whether the recording district in which the Property lies (e.g., Anchorage, Juneau) presently imposes a local transfer tax. If none, replace Section 6.4 with “No transfer tax is due.”]
7. DISPUTE RESOLUTION
7.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by the laws of the State of Alaska, without regard to conflicts-of-law principles.
7.2 Forum Selection. Exclusive venue lies in the state courts located in [COUNTY / RECORDING DISTRICT], Alaska.
7.3 Jury Trial Waiver. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS DEED.
7.4 Injunctive Relief. The parties acknowledge that breach of the warranty covenants may irreparably harm Grantee, and Grantee is entitled to seek specific performance, quiet title, or other injunctive relief.
8. GENERAL PROVISIONS
8.1 Entire Agreement. This Deed, together with its Exhibits and Schedules, constitutes the complete agreement of the parties relating to the conveyance of the Property.
8.2 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by the party against whom enforcement is sought.
8.3 Successors and Assigns. This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
8.4 Severability. If any provision is unenforceable, the remainder will be enforced to the fullest extent permitted by law.
8.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original, and signatures delivered by electronic means have the same effect as an original.
9. EXECUTION & NOTARIAL ACKNOWLEDGMENT
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
EFFECTIVE DATE: [MONTH] [DAY], [YEAR]
GRANTOR:
[LEGAL NAME OF GRANTOR]
By: ____
Name: ____
Title/Capacity: _______
(If an entity, add certified corporate/LLC authority language.)
GRANTEE (acknowledgment of receipt only – signature optional for AK recording):
[LEGAL NAME OF GRANTEE]
By: ____
Name: ____
Title/Capacity: _______
ACKNOWLEDGMENT (Alaska Statutory Form)
State of Alaska )
____ District ) ss.
On this _ day of _, 20_, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared _____, [personally known to me OR proved to me on the basis of satisfactory evidence] to be the individual(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they signed the same freely and voluntarily for the uses and purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public in and for the State of Alaska
My commission expires: __
[// GUIDANCE: Use a separate acknowledgment block for each signatory if signatures are executed in different locations or on different dates.]
10. EXHIBITS
Exhibit A – Legal Description of Property
Exhibit B – Permitted Exceptions
Disclosure Schedule 1 – Pending Litigation / Condemnation Matters
[// GUIDANCE: Attach the full metes-and-bounds or plat-based legal description certified by the surveyor or obtained from the preliminary title commitment. Verify that Exhibit B aligns with Schedule B-II of the title commitment.]
END OF DOCUMENT