GENERAL WARRANTY DEED
(State of Nebraska)
[// GUIDANCE: This template is intentionally comprehensive to (i) satisfy Nebraska-specific recording formalities, and (ii) provide expanded contractual protections that many modern real-estate practitioners request. Remove any optional provisions that are not desired for a traditional short-form deed.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block (Signature & Notary)
1. DOCUMENT HEADER
THIS GENERAL WARRANTY DEED (this “Deed”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [GRANTOR LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”], having a mailing address of [GRANTOR ADDRESS] (“Grantor”);
• [GRANTEE LEGAL NAME], a [STATE] [ENTITY TYPE / “individual”], having a mailing address of [GRANTEE ADDRESS] (“Grantee”).
FOR AND IN CONSIDERATION of the sum of [CONSIDERATION AMOUNT—e.g., “Ten and No/100 Dollars ($10.00) and other good and valuable consideration”], the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, bargain, sell, convey, and warrant unto Grantee, its successors and assigns, the real property more particularly described on Exhibit A attached hereto and incorporated herein by reference (the “Property”), together with all improvements thereon and all rights, easements, hereditaments and appurtenances thereto belonging or in any way appertaining.
[// GUIDANCE: Attach the full metes-and-bounds legal description or subdivision lot & block description as Exhibit A.]
2. DEFINITIONS
For ease of reference, the following capitalized terms are used in this Deed:
“Effective Date” – As defined in the Document Header.
“Permitted Encumbrances” – Those matters listed on Exhibit B, plus real estate taxes and assessments not yet due and payable, zoning ordinances, and easements of record which do not materially interfere with Grantee’s intended use of the Property.
“Property” – The real property, improvements, and appurtenances conveyed by this Deed, as legally described on Exhibit A.
“Recording Office” – The Office of the Register of Deeds for the county in Nebraska where the Property is located.
3. OPERATIVE PROVISIONS
3.1 Conveyance. Grantor hereby conveys the Property in fee simple absolute to Grantee, subject only to the Permitted Encumbrances.
3.2 Habendum. TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns forever.
3.3 Conditions Precedent. Delivery of (a) properly executed Real Estate Transfer Statement (Form 521) and payment of all documentary stamp tax, and (b) a Treasurer’s Certificate (if required by county practice), are conditions precedent to recording.
3.4 Delivery & Possession. Possession shall be delivered to Grantee on the Effective Date, free of all tenancies except as set forth on Exhibit B.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Grantor is duly authorized to execute and deliver this Deed and to convey the Property.
4.2 Title. Grantor is the sole owner in fee simple of the Property and has good and marketable title thereto free and clear of all liens and encumbrances other than the Permitted Encumbrances.
4.3 No Litigation. To Grantor’s knowledge, no condemnation, eminent-domain, or similar proceeding affects the Property.
4.4 Survival. The representations and warranties in this Article 4 shall survive delivery of this Deed and run with the land.
5. COVENANTS & RESTRICTIONS
5.1 Covenant of Seisin. Grantor covenants that it is seised of an indefeasible estate in fee simple in the Property.
5.2 Covenant Against Encumbrances. Grantor covenants that the Property is free from all encumbrances except Permitted Encumbrances.
5.3 Covenant of Quiet Enjoyment & Defense. Grantor will warrant and defend the title to the Property unto Grantee and Grantee’s successors and assigns against the lawful claims of all persons claiming by, through, or under Grantor.
5.4 Further Assurances. Grantor shall execute such further instruments as may reasonably be required to vest record title in Grantee as contemplated herein.
6. DEFAULT & REMEDIES
6.1 Breach. Any inaccuracy in Grantor’s warranties or breach of its covenants constitutes a default.
6.2 Notice & Cure. Grantee shall provide written notice specifying the alleged breach. Grantor shall have thirty (30) days after receipt to cure; provided, however, that urgent title defects threatening irreparable harm may justify immediate judicial relief.
6.3 Remedies. Upon uncured default, Grantee may (a) pursue an action for damages, (b) seek specific performance or reformation, (c) commence a quiet-title or ejectment action, and/or (d) exercise any other remedy available at law or in equity.
6.4 Attorneys’ Fees. The prevailing party in any action relating to this Deed shall be entitled to recover its reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Grantor shall indemnify, defend, and hold harmless Grantee from and against any loss, liability, or expense (including reasonable attorneys’ fees) arising out of any breach of Grantor’s covenants or warranties.
7.2 Limitation of Liability. Grantor’s aggregate liability under this Deed shall not exceed the total consideration actually paid for the Property; provided, however, that this limitation shall not apply to (a) fraud or willful misconduct, or (b) matters insured under any owner’s policy of title insurance obtained by Grantee.
7.3 Insurance. Nothing herein shall impair Grantee’s right to obtain and recover under title insurance.
7.4 Force Majeure. Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control; payment obligations, however, are absolute.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Deed and all disputes arising hereunder shall be construed under the laws of the State of Nebraska, without regard to its conflict-of-laws principles.
8.2 Forum Selection. Exclusive venue shall lie in the state courts sitting in the county where the Property is located.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. No jury-trial waiver is provided; the right to jury trial is preserved.
8.5 Injunctive Relief. Nothing herein limits a party’s right to seek provisional or injunctive relief, including an action to quiet title.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property.
9.2 Amendment & Waiver. Any amendment or waiver must be in writing and executed by the party against whom enforcement is sought.
9.3 Assignment. Grantee may assign this Deed and its rights hereunder without Grantor’s consent, provided the assignee assumes the obligations of Grantee.
9.4 Successors & Assigns. This Deed binds and benefits the parties and their respective heirs, personal representatives, successors, and assigns.
9.5 Severability. If any provision of this Deed is held invalid, the remaining provisions shall remain in full force and effect.
9.6 Counterparts; Electronic Signatures. This Deed may be executed in counterparts (including by electronic or facsimile signature), each of which is deemed an original and all of which together constitute one instrument.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[GRANTOR NAME]
[Title, if entity]
[Seal, if applicable]
GRANTEE (acknowledgment of receipt – optional):
[GRANTEE NAME]
[Title, if entity]
ACKNOWLEDGMENT
State of Nebraska )
: ss. )
County of ____ )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ______, [personally known to me / proved to me on the basis of satisfactory evidence] to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ____
RECORDING & STATUTORY COMPLIANCE BLOCK
Prepared by: ______
Address: _________
Return to: _____
Address: ______
Documentary Stamp Tax: $ ____ [// GUIDANCE: Insert amount or “Exempt – see Neb. Admin. Code Title 350” as applicable.]
Treasurer’s Certificate No. ____ (if required)
Real Estate Transfer Statement (Form 521) attached: ☐ Yes ☐ No
EXHIBIT A
(Legal Description)
EXHIBIT B
(Permitted Encumbrances)
[// GUIDANCE:
1. Ensure the deed is printed on paper meeting local formatting (margins, font size, page size) for the county Recording Office.
2. Confirm whether any “affirmation” statement or additional preparer language is required by the specific county recorder; insert same if needed.
3. Affix the correct amount of documentary stamp tax before submitting for recording.
4. Attach Form 521 and any other county-specific transfer documents.
5. This template includes optional contractual provisions (Sections 4–9) that exceed statutory minimums for a deed; delete or streamline if a traditional short-form deed is preferred.
]