HI Deed-Warranty (Plain Language) 1
1. WORDS USED OFTEN IN THIS DOCUMENT
A. "Deed". This document is called the "Deed". It is used to transfer legal ownership to you of the property described in Paragraph 1.D. of this document.
B. "Grantor". The word "Grantor" in this document means the party or parties transferring the Property. The Grantor is ___________________ and ___________________, husband and wife, of (City and State). In this document, the Grantor is sometimes referred to as "we", "our" or "us".
C. "Grantee". The word "Grantee" means each and every party to whom the Property is being transferred. In this document, the Grantee is sometimes referred to as "you" or "your".
The Grantee is:
D. "Property". The word "Property" in this document means the land described in Exhibit "A" which is attached to and made a part of this document. "Property" also means all rights or interests that are a result of or a part of the ownership of the land. Certain things affect the Property. Those are described in Exhibit "A".
2. THE REASONS FOR THIS DEED
You have done all of the things that you promised to do and have paid to us all of the money that you agreed to pay us in order to purchase the Property.
We recognize that we have received money and other value from you and because of this we now "grant, bargain, sell and convey" to you, in fee simple forever, all of our right, title and interest in the Property. This right, title and interest is affected by those certain things mentioned in Paragraph 1.D. of this Deed as being described in Exhibit "A".
You are accepting the Property as it is affected by:
A. All real property taxes which are not required to be paid now.
B. All of the things described in Exhibit "A".
You are accepting the Property we are transferring to you as Tenants by the Entirety, with full rights of survivorship.
4. OUR RIGHT TO GRANT THE PROPERTY
We promise that we are the lawful owners of the Property and that we have the right to sell and transfer our rights in the Property to you.
5. WHAT WE ARE GRANTING TO YOU
A. All of our legal and equitable estate. This means all of our right, title and interest in and to the Property.
B. All of the improvements made to the Property. Some examples which may or may not apply in your case are buildings, sidewalks, fences, walls, revetments or cesspools.
C. All of the reversions in the Property. We have a reversionary right if we have at any time transferred the Property with the condition that the Property will be returned to us when something does or does not happen at a future time. The right to get the Property back at the end of a lease is an example of a reversionary right.
D. All of the remainders. The interest in the Property which is left after other interests in the Property have been determined is called a remainder.
E. All of the rents from the Property. This refers to any right to receive payments made by a person for use or possession of the Property.
F. All of the profits. The right to take such things as fruit, topsoil, plants and trees from the Property is a profit.
G. All of the appurtenances. Appurtenances are interests such as water rights, easements and rights of way which we may have as owner of the Property and which are automatically transferred with the transfer of legal ownership of the Property.
H. All of the easements. This refers to any interest which we have, as owner of the Property, in a property owned by someone else and which benefits the Property. For instance, an easement is often granted for the use of a driveway over someone else's land.
6. OUR PROMISES TO YOU
We promise you, for ourselves, and our successors, heirs, personal representatives and assigns, to protect (or defend) you against the lawful claims or demands made by parties who claim an interest in the Property because we do not own the Property or because of things we may have done, except that our promise does not apply to any claims about any of the encumbrances described or referred to in Exhibit "A".
In other words, we give you a guaranty (or warranty) of title to the Property for the promises we have made in this Paragraph 6. We also give this guaranty to those who may take over the rights and responsibilities transferred to you by this Deed.
7. PARTIES COVERED BY THE TERMS "GRANTOR" AND "GRANTEE"
The term "Grantor", as used in this Deed, or any pronoun used in its place, means and includes the masculine or feminine; one or more than one; individuals; firms or corporations; and their and each of their respective successors, heirs, personal representatives and assigns. If two or more parties are the Grantor, all promises and agreements of those parties shall be joint and several.
The term "successors, heirs, personal representatives and assigns", as used in the immediately preceding paragraph, means the party or parties to whom the obligations under this Deed are transferred by or operation of law.
The term "Grantee", as used in this Deed, or any pronoun used in its place, means and includes the masculine or feminine; one or more than one; individuals; firms or corporations; and their and each of their respective successors, heirs, personal representatives and assigns. If two or more parties are the Grantee, all promises and agreements of those parties shall be joint and several.
The term "successors, heirs, personal representatives and assigns", as used in the immediately preceding paragraph, means the party or parties to whom the Property and/or the rights and obligations under this Deed are transferred by you or operation of law.
The term "joint and several" means that each party is responsible for full performance of all of the promises and agreements, and not for just a part or share of those promises and agreements.
8. ACCEPTANCE AND AGREEMENT
You and we agree that each party signing this deed on this _______ day of __________, 20______, has received something of value and you and we agree to everything that has been stated in this Deed and in Exhibit "A".
STATE OF HAWAII)
CITY AND COUNTY OF _______________)
On this ____________ day of __________, 20_______, before me personally appeared
SIMON PUREHEART and PEARL PUREHEART, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.
NOTARY PUBLIC, State of Hawaii
My commission expires: ________________
For Hawaii notaries, the typed or printed name of the notary must accompany the notary's official signature. For recording purposes in Hawaii, any erasures, additions, "white-outs", or interlineations on the original instrument must be initialed by the Hawaii notary. If the notary is from outside Hawaii, either the initials of the parties to the document or the initials of the notary public must be affixed alongside each change.
No guidelines are available for this form at this time.