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South Dakota strument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the in_______________________________, personally appeared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose rue as of my own personal knowledge. Dated_________________ Signed__________________________________ State of South Dakota County of __________________ } ss. On ____________ before me, __________ad. 3. This property is my principal dwelling, and I reside in this property on the date that the homestead declaration is recorded. 4. The facts stated in this homestead declaration are known to be tof _______________________________, State of South Dakota, and more particularly described as follows (give complete legal description): 2. I claim this property and the dwelling thereon as a homestet I am the owner of the following property located at the address of ___________________ ___________________________________________________________, in the City of ______________________, and County _________________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION I, _____________________________________, do hereby certify and declare the following: 1. Thaion of Homestead ­Single (Instructions) 2 Recording Request By and When Recorded Mail To _____________________________________________ Name _____________________________________________ Address ____elephone number in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you will be asking the clerk to return a copy of the recorded Declaration. Declaratpy of the Declaration Fees. You will need to include a check for the recording fee. To get the specific amount of the recording fee you can contact your County Recorder. You can find its address and tnt the clerk to record the Declaration and mail back it back to you (in the self-addressed stamped envelope you've enclosed). You will need to include the following items: Forms. The original and a colephone directory. Mail ­If you choose to mail your Declaration to the County Recorder you will need to begin with a cover letter explaining what you have included and what you need done. You will wahe amount of the recording fee, probably around $10. To get the specific amount of the recording fee you can contact your County Recorder. You can find its address and telephone number in you local teo be safe) of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homestead. The clerk will help you from here. Fees. You will need to pay the clerk ting your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to your County Recorder. You will need to bring in the original and two copies (just tyour completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either record the Declaration in person or by mail. In Person ­Recordin your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver license, passport, etc.). Step 4: Copies. You should make at least two copies of notary. Notarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgement. Take the form to a Notary Public, you can find one ified Laws for more information on how to prepare a legal description of your property. Signature and Date. You will need to have this form notarized, so wait to sign it until you are in front of the legal description of the dwelling in accordance with the manner set forth in the South Dakota code. You should be able to find this description on your deed. If not, see §43-31 of the South Dakota Codckier sections of the form: Return Address. In the upper right hand corner, insert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a ese instructions as well as the instructions contained in the form carefully. Step 2: Completing the form. Insert the appropriate information in the form. Below are additional instructions for the trisulted for all serious legal matters. INSTRUCTIONS SOUTH DAKOTA DECLARATION OF HOMESTEAD--SINGLE A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read thaused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be conincidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however cterials for your particular needs. The materials are used at your own risk. In no event will FindLegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, s and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness of any of the masclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimerally and are not using a typewriter, use black ink and print as legibly and neatly as possible. The court may reject forms that are difficult to read or they may input the information incorrectly. Diii) The Declaration You can fill out the forms on the computer by entering the requested information in the appropriate spaces or you can fill them out manually. If you are filling out the forms manu dwelling at the time of the recording; (iv) A resident of the state of South Dakota. Materials This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (i 21-1929 of the South Dakota Codified Laws. Requirements To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Single; (iii) You must reside in theens, such as tax liens, municipal liens for services provided by the government, and liens or debts secured by the homestead itself. For more information you should read sections 43-31-1, 43-45-3, andtary declaration beforehand, you can define your own homestead, clarifying its the size, location and value on your own terms. Please note: the homestead exemption does not protect you from certain liis filed against you, a court may order a survey of your property to determine the boundaries of your homestead, and to establish what is and what is not covered by the exemption. By recording a volunndatory that you voluntarily declare and record your homestead exemption in order to enjoy the protection, there are advantages to doing so. If you do not record your homestead declaration and a lien the exemption, there is also a limit regarding the actual size of the homestead itself. Exempt homesteads may be no larger than 1 acre in urban areas, or 160 acres in rural areas. Though it is not maies to voluntary sales. That is, if you sell your home voluntarily, only $30,000 of the proceeds of that sale will be protected against your creditors. In addition to the limitation upon the amount of0, and you have $90,000 mortgage, a creditor would not be able to force such a sale, as your equity ($10,000) is entirely protected by the $30,000 exemption. Note that this $30,000 exemption also appl $55,000 in equity), a judgment creditor might be able to force a sale of your home and recoup $25,000 from that sale (your equity, minus the $30,000 exemption.) However, if your home is worth $100,00rs. Therefore, your creditors may force a sale of your home if your equity exceeds this exemption. For example, if your house is worth $100,000, and you have a $45,000 mortgage outstanding (giving you exemption, there is an effective limit of $30,000 (or $170,000 in some cases for persons over 70 years of age). Thus, only $30,000 worth of equity in your home is protected absolutely against creditoold. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. While South Dakota does not technically place a limit upon the value of the homesteadsued you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home sINFORMATION SOUTH DAKOTA DECLARATION OF HOMESTEAD--SINGLE Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who South Dakota