GENERAL WARRANTY DEED

(State of Ohio)

[// GUIDANCE: This template is drafted to satisfy Ohio statutory requirements for a General Warranty Deed and incorporates defensive-drafting enhancements requested by sophisticated real-estate practitioners. Bracketed items must be customized prior to execution/recording.]

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, Acknowledgment & Recording Data

I. DOCUMENT HEADER

1. Title. GENERAL WARRANTY DEED (the “Deed”).
2. Effective Date. [EFFECTIVE DATE], deemed the “Delivery Date” for all purposes.
3. Parties.
   3.1 Grantor: [GRANTOR NAME], a [LEGAL STATUS & STATE OF ORGANIZATION], whose address is [ADDRESS] (“Grantor”).
   3.2 Grantee: [GRANTEE NAME], a [LEGAL STATUS & STATE OF ORGANIZATION], whose address for tax-mailing and notice purposes is [ADDRESS] (“Grantee”).
4. Consideration. Ten Dollars ($10.00) and other good and valuable consideration (the “Consideration”), receipt and sufficiency of which are acknowledged.
5. Jurisdiction. State of Ohio; venue of [COUNTY] County courts.
6. Recording Return Address. Following recording, return to:
   [NAME / FIRM]
   [ADDRESS]

II. DEFINITIONS

For purposes of this Deed (capitalized terms used but not defined have meanings assigned by Ohio law):

“Conveyed Estate” – The fee simple interest in the Real Property, together with all appurtenant rights, easements, hereditaments, and improvements.

“Legal Description” – The metes-and-bounds or platted description set forth in Exhibit A.

“Parcel Number” – The county auditor’s permanent parcel no(s). listed in Exhibit A.

“Prior Instrument” – The instrument conveying title to Grantor, recorded at [VOL/PAGE or INSTRUMENT NO.].

“Real Property” – Collectively, the land described in Exhibit A and the improvements thereon.

“Warranty Covenants” – The covenants of seisin, right to convey, against encumbrances, quiet enjoyment, general warranty, and further assurances provided under Ohio Rev. Code Ann. § 5302.05.

III. OPERATIVE PROVISIONS

1. Grant. Pursuant to Ohio Rev. Code Ann. § 5302.05, Grantor hereby grants, bargains, sells, conveys, and warrants to Grantee the Conveyed Estate, with general warranty covenants, for the Consideration.
2. Habendum. TO HAVE AND TO HOLD the Conveyed Estate unto Grantee, Grantee’s heirs, successors, and assigns forever.
3. Incorporation of Exhibits. The following are incorporated:
   • Exhibit A – Legal Description & Parcel Data
   • Exhibit B – Disclosure Schedules (if any)
   • Exhibit C – Permitted Encumbrances (if any)

IV. REPRESENTATIONS & WARRANTIES

1. Grantor represents and warrants that, as of the Delivery Date:
   a. Title. Grantor is lawfully seized in fee simple of the Real Property.
   b. Authority. Grantor has full power and authority to execute and deliver this Deed.
   c. No Conflicts. Execution does not violate any agreement binding on Grantor.
   d. Taxes. All real-estate taxes due and payable prior to the Delivery Date are paid or will be paid at closing.
2. Survival. The foregoing survive delivery and are independent of the Warranty Covenants.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants. Grantor shall, at Grantee’s reasonable request and expense, execute further assurances to perfect title.
2. Negative Covenants. Grantor shall not hereafter create or permit liens or encumbrances that would attach to the Real Property by, through, or under Grantor.

VI. DEFAULT & REMEDIES

1. Breach. A “Breach” occurs if any representation or covenant herein is materially false or violated.
2. Notice & Cure. Grantee shall notify Grantor in writing of any alleged Breach; Grantor has 30 days to cure (or commence and diligently pursue cure if cure reasonably requires >30 days).
3. Remedies. If not cured, Grantee may:
   a. Seek damages subject to Section VII;
   b. Commence an action for quiet title or specific performance;
   c. Record an affidavit of facts pursuant to Ohio Rev. Code Ann. § 5301.252.
4. Fees. The prevailing party in litigation shall recover reasonable attorney fees and court costs.

VII. RISK ALLOCATION

1. Indemnification. Grantor shall defend, indemnify, and hold Grantee harmless from any loss arising from a Breach or from any adverse claim to title arising by, through, or under Grantor.
2. Liability Cap. EXCEPT for intentional misconduct, Grantor’s aggregate liability shall not exceed the Consideration actually paid.
3. Force Majeure. Neither party shall be liable for delays in performance caused by acts of God, governmental actions, or other events beyond reasonable control; payment obligations are excepted.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Deed shall be governed by the laws of the State of Ohio without regard to conflicts principles.
2. Forum Selection. Exclusive venue lies in the state courts of [COUNTY] County, Ohio.
3. Arbitration & Jury Waiver. NONE (expressly excluded).
4. Injunctive Relief. Nothing herein limits the right of a party to seek emergency or permanent injunctive relief, including quiet-title actions.

IX. GENERAL PROVISIONS

1. Entire Agreement. This Deed, with its Exhibits, embodies the entire agreement of the parties concerning the Conveyed Estate.
2. Amendment. May only be amended by a written instrument executed and acknowledged by the party against whom enforcement is sought and recorded when required by law.
3. Severability. Any unenforceable provision shall be reformed to fulfill its original intent to the maximum extent permitted; the balance remains in effect.
4. Successors & Assigns. Bind and benefit the parties and their respective heirs, successors, and assigns.
5. Counterparts; Electronic Signatures. This Deed may be executed in counterparts and by electronic signature, each deemed an original.

X. EXECUTION, ACKNOWLEDGMENT & RECORDING DATA

1. Signature Block

IN WITNESS WHEREOF, the undersigned Grantor has executed this General Warranty Deed on the Effective Date first above written.

GRANTOR:

[GRANTOR NAME]
[Title, if entity]

STATE OF OHIO )
) SS:
COUNTY OF _ )
On this ___ day of _, 20_, before me, a Notary Public in and for said state, personally appeared [GRANTOR NAME] [and _,] known to me or satisfactorily proven 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.

Notary Public
My commission expires: ______
(Notarial Seal)
[// GUIDANCE: Use the foregoing acknowledgment form or the short-form statutory acknowledgment under Ohio Rev. Code Ann. § 147.55. For corporate grantors, adapt the representative-capacity acknowledgment.]

2. Transfer & Recording Checklist (Ohio Specific)

[// GUIDANCE: All items below must be completed or furnished to the county auditor/recorder prior to or simultaneously with recording.]
a. DTE Form 100 (Real Property Conveyance Fee Statement of Value and Receipt) with applicable conveyance fee (currently $1.00 per $1,000 of consideration, plus permissive county-wide tax).
b. Auditor’s stamp evidencing payment/exemption of transfer tax.
c. Grantee’s tax mailing address conspicuously set forth on face of Deed.
d. Permanent Parcel Number(s).
e. Legal Description conforming to county engineer’s standards and approved if new survey.
f. Margins: minimum 1-inch at top/right and 3-inch at top on first page for recorder stamps.
g. Font size ≥ 10-point; black or blue ink; single-sided pages.

Exhibit A

LEGAL DESCRIPTION & PARCEL DATA
[INSERT metes-and-bounds or platted lot description]
Tax Parcel No(s).: _____
Prior Instrument Reference: [VOL/PAGE or INSTRUMENT NO.]

Exhibit B

DISCLOSURE SCHEDULES (if any)
[INSERT]

Exhibit C

PERMITTED ENCUMBRANCES (if any)
[INSERT]

[// GUIDANCE: Verify complete compliance with Ohio Rev. Code Ann. §§ 5301.01 (execution/acknowledgment) and 5302.05 (form of general warranty deed) before recording. Practitioners should also confirm county-specific conveyance standards, e.g., separate transfer-on-death designation rules, and consult the most recent County Recorder’s manual.]