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[// GENERAL WARRANTY DEED
[// Alabama – State-Specific Form (Court-Ready)
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Prepared By: _____
Address: _____
Return To: _____
Address: _____
STATE OF ALABAMA )
________ COUNTY )
DOCUMENT TITLE: GENERAL WARRANTY DEED
EFFECTIVE DATE: [EFFECTIVE DATE]
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TABLE OF CONTENTS
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I. Conveyance & Parties
II. Definitions
III. Operative Provisions
IV. Representations & Warranty Covenants
V. Covenants & Restrictions Running With the Land
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Acknowledgment Blocks
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I. CONVEYANCE & PARTIES
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THIS GENERAL WARRANTY DEED (the “Deed”) is made this ___ day of _, 20 (the “Effective Date”), by and between:
A. [GRANTOR FULL LEGAL NAME], [marital status], whose mailing address is [GRANTOR ADDRESS] (“Grantor”); and
B. [GRANTEE FULL LEGAL NAME], [entity type / marital status], whose mailing address is [GRANTEE ADDRESS] (“Grantee”).
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged (the “Consideration”), Grantor hereby conveys, grants, bargains, sells, and warrants unto Grantee, and Grantee’s heirs, successors, and assigns forever, all of Grantor’s right, title, and interest in and to the real property situated in the County of ________, State of Alabama, as more fully described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”).
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II. DEFINITIONS
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2.1 “Claim” means any claim, demand, lien, loss, cause of action, damage, cost, or expense of any nature.
2.2 “Consideration” has the meaning set forth in Section I.
2.3 “Property” has the meaning set forth in Section I.
2.4 “Warranty Covenants” means the covenants of (a) seisin, (b) right to convey, (c) freedom from encumbrances, (d) quiet enjoyment, and (e) defense of title, each as further described in Section IV.
[// GUIDANCE: Add additional defined terms here if tailoring more complex transactions.]
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III. OPERATIVE PROVISIONS
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3.1 Grant of Estate. Grantor conveys to Grantee fee-simple title to the Property together with all appurtenant rights, easements, and hereditaments.
3.2 Conditions Precedent. Delivery and acceptance of this Deed, payment of all applicable Alabama deed taxes and recording fees, and proper recordation in the Office of the Judge of Probate of the county where the Property is located are conditions precedent to the effectiveness of the conveyance.
3.3 Transfer Taxes & Declaration of Value. For purposes of Alabama deed tax computation, the total consideration/value of the Property is $[____]. Grantor and Grantee agree to affix the appropriate deed tax stamps at or prior to recording.
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IV. REPRESENTATIONS & WARRANTY COVENANTS
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4.1 Grantor represents and warrants that, as of the Effective Date:
a. Grantor is lawfully seized and possessed of an indefeasible fee-simple estate in the Property;
b. Grantor has full right, power, and lawful authority to convey the Property;
c. The Property is free and clear of all liens, charges, claims, and encumbrances except for those matters expressly listed on Exhibit “B” (Permitted Encumbrances);
d. No party other than Grantee possesses any option, contract, or right of first refusal to purchase the Property; and
e. Grantor is not a “foreign person” as defined in 26 U.S.C. § 1445 and will provide any required FIRPTA affidavit at closing.
4.2 Warranty Covenants. Grantor hereby covenants with Grantee that Grantor will (i) warrant and forever defend the title to the Property against the lawful claims of all persons claiming by, through, or under Grantor, and (ii) indemnify Grantee in accordance with Section VII for any breach of the Warranty Covenants.
4.3 Survival. The representations, warranties, and Warranty Covenants survive delivery of this Deed and run with the land.
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V. COVENANTS & RESTRICTIONS
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5.1 Affirmative Covenant to Defend. Upon written notice from Grantee of any claim adverse to title, Grantor shall, at Grantor’s sole cost, appear and defend Grantee’s title in any appropriate legal action.
5.2 Negative Covenant. Grantor shall not hereafter encumber, cloud, or impair the title hereby conveyed.
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VI. DEFAULT & REMEDIES
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6.1 Default. A “Default” occurs if any representation, warranty, or Warranty Covenant is breached.
6.2 Notice & Cure. Grantee shall provide written notice specifying the breach. Grantor has thirty (30) days to cure; provided, however, that emergency relief to preserve title or prevent irreparable harm may be sought immediately.
6.3 Remedies. If the Default remains uncured:
a. Monetary damages up to the limitation stated in Section VII;
b. Specific performance, reformation, or quiet-title relief; and
c. Recovery of reasonable attorneys’ fees and court costs.
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VII. RISK ALLOCATION
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7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee and Grantee’s successors and assigns from and against all Claims arising from any breach of the Warranty Covenants.
7.2 Liability Cap. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid, except with respect to (i) fraud or intentional misrepresentation and (ii) claims for injunctive or quiet-title relief, which are uncapped.
7.3 Force Majeure. Neither party shall be liable for failure to perform obligations hereunder (other than payment obligations) to the extent such failure is caused by events beyond its reasonable control, including acts of God, governmental actions, or judicial orders.
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VIII. DISPUTE RESOLUTION
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8.1 Governing Law. This Deed and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts of competent jurisdiction located in the county in which the Property is situated.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. No waiver; each party retains its constitutional right to trial by jury.
8.5 Injunctive Relief. Nothing herein limits any party’s right to seek injunctive or equitable relief, including quiet-title actions.
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IX. GENERAL PROVISIONS
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9.1 Entire Agreement. This Deed, together with all exhibits and any closing instruments, constitutes the entire agreement between the parties regarding the Property and supersedes all prior understandings.
9.2 Amendments. This Deed may be amended only by a written instrument executed by Grantor and Grantee and recorded in the same manner as this Deed.
9.3 Severability. If any provision is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to give effect to the parties’ intent.
9.4 Successors & Assigns. This Deed binds and benefits the parties and their respective heirs, successors, and assigns.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures in electronic or facsimile form are deemed originals for all purposes.
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X. EXECUTION & ACKNOWLEDGMENT BLOCKS
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IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
[GRANTOR NAME]
[Title, if entity]
Witnesses:
1. ____
2. ____
STATE OF ALABAMA )
________ COUNTY )
I, the undersigned Notary Public in and for said State and County, hereby certify that [GRANTOR NAME], whose name is signed to the foregoing instrument and who is known to me (or satisfactorily proven) to be the person whose name is subscribed hereto, appeared before me this day in person and acknowledged that (s)he executed the same voluntarily for the purposes therein contained.
GIVEN under my hand and official seal this ___ day of _, 20.
Notary Public
My Commission Expires: ____
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EXHIBIT “A” – LEGAL DESCRIPTION
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[Insert metes and bounds or lot and block description here.]
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EXHIBIT “B” – PERMITTED ENCUMBRANCES
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[List any easements, restrictive covenants, rights-of-way, or other matters to remain of record.]
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RECORDING & TAX STAMP CHECKLIST (Alabama-Specific)
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[// GUIDANCE: Use this checklist at closing/recording.]
☐ Instrument in writing, signed by Grantor
☐ Two (2) subscribing witnesses OR Notary Public acknowledgment
☐ “Prepared By” and “Return To” addresses on face of deed
☐ Grantor’s marital status stated
☐ Real property address and legal description attached
☐ Consideration/value stated for computation of deed tax
☐ Deed tax stamps affixed at $0.50 per $500 of value (rounded up)
☐ Recording fee check payable to Judge of Probate
☐ Original signed deed delivered for recordation
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