[// GUIDANCE: THREE-INCH (3") TOP MARGIN REQUIRED BY MOST KS RECORDING OFFICES. KEEP THE FIRST 3" OF PAGE 1 BLANK EXCEPT FOR THE RECORDER’S STAMP.]
Prepared By: _______
[Name, Firm, Address, Phone]
Return To: _______
[Name & Address for Recorded Deed]
Parcel Identification No.: ______
County: ____________
GENERAL WARRANTY DEED
This General Warranty Deed (the “Deed”) is made as of ___, 20 (the “Effective Date”), by and between:
-
[GRANTOR NAME], a [state & entity type OR “individual”], whose
mailing address is _______
(“Grantor”); and -
[GRANTEE NAME], a [state & entity type OR “individual”], whose
mailing address is _______
(“Grantee”).
Grantor and Grantee are sometimes referred to in this Deed individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Grantor is lawfully seized in fee simple of certain real property situated in the State of Kansas, described in Exhibit A attached hereto and incorporated herein (the “Property”).
B. Grantee has paid to Grantor the sum of [CONSIDERATION AMOUNT WRITTEN OUT] ($[Numerical]) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the Parties agree as follows:
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TABLE OF CONTENTS
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I. Definitions
II. Grant, Habendum & Transfer Provisions
III. Title Covenants & Indemnification
IV. Representations & Warranties of Grantor
V. Risk Allocation
VI. Dispute Resolution
VII. General Provisions
VIII. Execution & Notarization
Exhibit A Legal Description
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I. DEFINITIONS
For purposes of this Deed, the following terms have the meanings set forth below:
1.1 “Claims” means any and all actions, causes of action, suits, debts, liens, losses, liabilities, damages, judgments, settlements, penalties, costs and expenses (including reasonable attorneys’ fees).
1.2 “Encumbrance” means any lien, security interest, pledge, restriction, easement, covenant, condition, right-of-way, lease, option, or other adverse claim of record or in fact.
1.3 “Liability Cap” has the meaning set forth in Section 3.4.
[// GUIDANCE: Add or delete definitions to match deal specifics.]
II. GRANT, HABENDUM & TRANSFER PROVISIONS
2.1 Grant. Grantor does hereby GRANT, BARGAIN, SELL, CONVEY, and WARRANT unto Grantee, and Grantee’s heirs, successors and assigns forever, all of Grantor’s right, title, and interest in and to the Property, together with all appurtenances, improvements, rights, hereditaments, and fixtures thereon, subject only to the Permitted Exceptions described in Section 2.3.
2.2 Habendum. TO HAVE AND TO HOLD the Property unto Grantee, and to Grantee’s heirs, successors and assigns forever, in fee simple absolute.
2.3 Permitted Exceptions. The conveyance is made subject to the following (collectively, the “Permitted Exceptions”):
(a) real property taxes and assessments not yet due and payable;
(b) easements, rights-of-way, and restrictions of record as of the Effective Date;
(c) zoning, building, and other governmental regulations; and
(d) matters that would be disclosed by an accurate survey or physical inspection of the Property.
[// GUIDANCE: Insert additional exceptions or delete those inapplicable.]
III. TITLE COVENANTS & INDEMNIFICATION
3.1 Covenant of Seisin. Grantor covenants that Grantor is lawfully seized of the Property in fee simple and has good right and full power to convey the same.
3.2 Covenant Against Encumbrances. Grantor covenants that the Property is free and clear of all Encumbrances except the Permitted Exceptions.
3.3 Covenant of Warranty and Quiet Enjoyment. Grantor will warrant and defend the title to the Property against the lawful claims of all persons claiming by, through, or under Grantor, but not otherwise, and Grantee shall quietly enjoy and possess the Property without disturbance.
3.4 Indemnification / Liability Cap. Grantor shall indemnify, defend, and hold harmless Grantee from any Claims arising out of a breach of the covenants in Sections 3.1-3.3; PROVIDED, HOWEVER, that Grantor’s aggregate liability under this Deed shall not exceed the total consideration actually paid to Grantor under Recital B (the “Liability Cap”), together with statutory interest thereon from the Effective Date.
3.5 Survival. The covenants contained in this Article III shall run with the land and shall survive delivery and recording of this Deed.
IV. REPRESENTATIONS & WARRANTIES OF GRANTOR
Grantor represents and warrants to Grantee as of the Effective Date that:
4.1 Authority. Grantor has full power and lawful authority to execute and deliver this Deed and to consummate the transaction contemplated hereby.
4.2 No Litigation. To Grantor’s actual knowledge, there is no pending or threatened litigation or condemnation affecting the Property that has not been disclosed in writing to Grantee.
4.3 Foreign Investment. Grantor is not a “foreign person” as defined in 26 U.S.C. § 1445.
[// GUIDANCE: Delete or modify reps as appropriate; some practitioners omit this section entirely for simple residential deeds.]
V. RISK ALLOCATION
5.1 Assumption of Risk. Except for the express covenants and warranties herein, the Property is conveyed “AS IS, WHERE IS, WITH ALL FAULTS,” and Grantor disclaims all other warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose.
5.2 Environmental Matters. Grantor makes no representations regarding environmental conditions. Grantee assumes all risk of environmental liability arising after the Effective Date.
VI. DISPUTE RESOLUTION
6.1 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to conflict-of-law principles.
6.2 Forum Selection. Any legal action or proceeding arising out of or relating to this Deed shall be brought exclusively in the state courts located in the county where the Property is situated.
6.3 Arbitration & Jury Trial. Arbitration is expressly EXCLUDED. The Parties do NOT waive their right to a jury trial.
6.4 Injunctive Relief. Nothing herein shall impair a Party’s right to seek injunctive or equitable relief, including an action to quiet title.
VII. GENERAL PROVISIONS
7.1 Entire Agreement. This Deed embodies the entire agreement between the Parties with respect to the conveyance of the Property and supersedes all prior agreements or understandings.
7.2 Amendments. No amendment or modification of this Deed shall be effective unless in writing and signed by the Party against whom enforcement is sought.
7.3 Successors & Assigns. The covenants herein shall bind and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns.
7.4 Severability. If any provision of this Deed is held invalid, the remainder shall not be affected and shall be enforced to the fullest extent permitted by law.
7.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which shall be deemed an original. Signatures delivered electronically or by facsimile shall be deemed original for all purposes.
VIII. EXECUTION & NOTARIZATION
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed on the date first above written.
GRANTOR:
[Name & Title, if entity]
Printed Name: ________
GRANTEE: (Signature optional on deed in Kansas; include if desired)
[Name & Title]
Printed Name: ________
STATE OF KANSAS )
) ss.
COUNTY OF ___ )
On this _ day of ___, 20_, before me, the undersigned Notary Public, personally appeared ____, [individual capacity OR “to me personally known, who stated that (he/she) is the _ of __, a ____,”] and acknowledged said instrument to be (his/her/their) free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Use Kansas RULONA acknowledgment forms; adapt entity language as needed.]
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EXHIBIT A – LEGAL DESCRIPTION
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[Insert full metes-and-bounds description, subdivision lot & block, or other legally sufficient description.]
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END OF DEED
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[// GUIDANCE: RECORDING CHECKLIST – KANSAS
1. Real Estate Sales Validation Questionnaire (SVQ) must accompany deed unless an exemption box is marked on the face of the deed. Common exemptions: between family members, divorce, nominal consideration, etc.
2. Recording Fees (subject to change): $
• Base fee per deed (includes technology & heritage trust fund fees)
• Additional page fee: $
3. Documents must include:
• Name and address of “prepared by” person
• Return mailing address
• Complete legal description
• Typed or printed names beneath all signatures
• 3" top margin on first page; 1" elsewhere.
4. Kansas imposes NO transfer tax or documentary stamp on deeds. ]