GENERAL WARRANTY DEED

(State of Montana)

[// GUIDANCE: This template is drafted to comply with Montana conveyancing and recording requirements under Mont. Code Ann. tit. 70, ch. 21 (2023) and the Montana Revised Uniform Law on Notarial Acts. Customize bracketed items before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Acknowledgment (Montana Form)

I. DOCUMENT HEADER

1. Title.
   GENERAL WARRANTY DEED

2. Date of Deed.
   Effective as of [EFFECTIVE DATE] (“Effective Date”).

3. Parties.
   a. Grantor: [GRANTOR LEGAL NAME], a [STATE] [ENTITY TYPE / INDIVIDUAL], whose mailing address is [ADDRESS] (“Grantor”).
   b. Grantee: [GRANTEE LEGAL NAME], a [STATE] [ENTITY TYPE / INDIVIDUAL], whose mailing address is [ADDRESS] (“Grantee”).

4. County and State of Property.
   Situated in [COUNTY] County, State of Montana (“Property Jurisdiction”).

5. Return and Send Tax Statements To.
   [NAME / ADDRESS FOR RECORDING RETURN].

II. DEFINITIONS

“Consideration” – The sum of [DOLLAR AMOUNT IN WORDS] Dollars (US $[NUMERALS]) and other good and valuable consideration, receipt of which is acknowledged.

“Land” – The real property legally described in Exhibit A, together with all appurtenant rights, easements, and improvements.

“Warranty Covenants” – The covenants set forth in Section IV.

III. OPERATIVE PROVISIONS

1. Granting Clause.
   For the Consideration and subject to the terms herein, Grantor hereby GRANTS, CONVEYS, AND WARRANTS to Grantee, in fee simple, all right, title, and interest in and to the Land, TO HAVE AND TO HOLD the Land unto Grantee and Grantee’s successors and assigns forever.

2. Legal Description.
   The Land is more particularly described in Exhibit A attached hereto and incorporated by reference.

3. Consideration & Payment Mechanics.
   a. Payment of Consideration shall be made in immediately available funds at closing.
   b. Receipt and sufficiency of Consideration are acknowledged by Grantor.

4. Conditions Precedent.
   Delivery of this Deed, payment of Consideration, and recordation in the official records of the Property Jurisdiction (“Recording”) are conditions precedent to effectiveness of the transfer.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Grantor has full power, right, and authority to convey the Land.
2. No Conflicts. Execution and delivery of this Deed do not violate any agreement binding on Grantor.
3. Title. Grantor owns fee simple title, free of all liens and encumbrances except those set forth in Exhibit B (“Permitted Encumbrances”).
4. Survival. The warranties in this Section survive Recording indefinitely.

V. COVENANTS & RESTRICTIONS

Grantor and Grantor’s successors covenant with Grantee and Grantee’s successors:

1. Covenant of Seisin – That Grantor is seized of the Land in fee simple.
2. Covenant of Right to Convey – That Grantor has lawful right and power to convey.
3. Covenant Against Encumbrances – Except for Permitted Encumbrances, the Land is free from encumbrances.
4. Covenant of Quiet Enjoyment – Grantee shall quietly enjoy the Land without lawful disturbance.
5. Covenant of Warranty – Grantor will defend the title conveyed against all lawful claims.

[// GUIDANCE: These are the standard “general warranty” covenants recognized in Montana.]

VI. DEFAULT & REMEDIES

1. Breach of Warranty. Upon breach, Grantee may:
   a. Demand written cure within 30 days; and
   b. Seek specific performance, damages, or quiet-title relief.

2. Attorneys’ Fees. The prevailing party in any action to enforce Warranty Covenants shall recover reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

1. Indemnification – Warranty Covenants.
   Grantor shall indemnify, defend, and hold harmless Grantee from any loss arising from breach of the Warranty Covenants.

2. Liability Cap.
   Grantor’s aggregate liability is limited to the amount of Consideration actually paid plus documented costs of defense.

3. Force Majeure.
   Neither party is liable for delay caused by events beyond reasonable control, except for payment obligations.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Deed is governed by the laws of the State of Montana, without regard to conflict-of-law rules.
2. Forum Selection. Any action arising out of or relating to this Deed shall be brought exclusively in the state courts located in [COUNTY] County, Montana.
3. Arbitration. Arbitration is expressly excluded.
4. Jury Waiver. None (jury trial preserved).
5. Injunctive Relief. Nothing herein limits a party’s right to seek quiet-title or other equitable relief.

IX. GENERAL PROVISIONS

1. Entire Agreement. This Deed, together with its Exhibits, constitutes the entire agreement between the parties with respect to the Land.
2. Amendment & Waiver. May be amended only by a writing signed by both parties. No waiver is effective unless in writing.
3. Successors & Assigns. Binds and benefits the parties and their respective successors and assigns.
4. Severability. Any invalid provision is severed and the remainder enforced.
5. Counterparts; Electronic Signatures. May be executed in counterparts, including electronic counterparts, each deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned have executed this General Warranty Deed as of the Effective Date.

GRANTOR:

[GRANTOR LEGAL NAME]
By: _____
Name: _____
Title: _______

GRANTEE (acknowledgment of receipt only):

[GRANTEE LEGAL NAME]
By: _____
Name: _____
Title: _______

XI. ACKNOWLEDGMENT (Montana Form)

State of Montana )
: ss. )
County of _)

This instrument was acknowledged before me on [DATE], by [NAME(S) OF PERSON(S) ACKNOWLEDGED] as [TITLE(S), IF ANY] of [ENTITY NAME].

Notary Public for the State of Montana
Printed Name: _____
Residing at: ____
My Commission Expires: _____

[NOTARY SEAL]

EXHIBIT A – Legal Description

[Insert full legal description or attach separate metes-and-bounds description.]

EXHIBIT B – Permitted Encumbrances

1. Taxes and assessments not yet due and payable.
2. Easements, covenants, and restrictions of record.
3. [ADD ANY ADDITIONAL PERMITTED ENCUMBRANCES.]

[// GUIDANCE: Record the executed original with the county Clerk & Recorder. Montana requires: (a) 3-inch top margin on first page, (b) document type, parties, and return address on first or last page, and (c) property description. As of the 2023 MCA, Montana imposes no statewide real estate transfer tax; confirm no local transfer fees apply before closing.]