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South Dakota n . Special Warranty Deed - 2 __________________ Printed Name of Notary My commission expires on ______________________________, 20____. (if applicable) EXEMPT from Real Estate Transfer Fee under provisions of §43-4-22, subsectio who is described in, and who executed the within instrument and acknowledged to me that he (or they) executed the same. _______________________________ Signature of Notary Public (Seal) _____________f necessary) State of SOUTH DAKOTA County of __________________________ On this day of ) ) ) ss , 20 , before me personally appeared , known to me (or proved to me on the oath of ) to be the personype or print name Grantor ____________________________________________ Signature of Grantor's Spouse (if necessary) ____________________________________________ Type or print name Grantor's Spouse (i homestead Special Warranty Deed - 1 EXECUTED this day of _______________, 20 _______ ____________________________________________ Signature of Grantor ____________________________________________ Tng or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. (if applicable): rights to the property herein conveyed. , (the "Grantor's Spouse"), hereby releases allNTS and agrees to FOREVER DEFEND all and singular the said property unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claimiistrators, executors, successors and/or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. Grantor further SPECIALLY WARRAd to the above described property unto the said Grantee, Grantee's heirs, administrators, executors, successors and/or assigns forever IN FEE SIMPLE; so that neither Grantor nor Grantor's heirs, adminate of South Dakota: Prior deed reference (if applicable): Book County Recorder, in the South Dakota. , Page , Doc. # , of the TO HAVE AND TO HOLD all of Grantor's right, title and interest in an, whose address is __________________________________________ County of , State of _______________________ the following described real estate in the County of _____________________________, in the Sted individual whose address is County of _________, State of _____________, FOR AND IN CONSIDERATION of dollars, GRANTS, CONVEYS, AND SPECIALLY WARRANTS to ________________________________ ("Grantee") and when recorded, please return this deed and tax statements to: Above reserved for official use only SPECIAL WARRANTY DEED THE GRANTOR: _________________________________________ a married unmarria starting point for you and should not be used without consulting with an attorney first. An attorney should be consulted before negotiating any document with another party. Recording requested by: es your needs. Consult a real estate attorney and title insurance company to protect your interests. These forms are not intended and are not a substitute for legal advice. These forms should only be s that have taken back property by foreclosure or deed in lieu of foreclosure in satisfaction of a defaulted mortgage loan. If you are a buyer taking a Special Warranty Deed, make sure that it satisfiess protection than a full or general warranty deed. They are often given in connection with conveyances by trusts (including land trusts) and estates, land contract vendors, and financial institutionas a superior title to the property conveyed to the grantee). Special and limited warranty deeds (the terms are virtually the same) afford greater protection to the grantee than a quitclaim deed but lbeing transferred (i.e. the grantor warrants against its own acts or omissions and agrees to defend the grantor against any action by another party claiming by, through, or under the grantor that it h. Special and limited warranty deeds provide that the grantor warrants only that it has not created or suffered any defect in title to occur during the period that it controlled title to the property form is used to convey an interest in real estate. In a Special Warranty Deed, the grantor does not warrant against title defects arising from conditions that existed before he/she owned the propertylment, or separate maintenance; (18) For which no consideration was given; (19) Between any limited liability company and its members. Information for Special Warranty Deed This Special Warranty Deedf any kind in return for the conveyance; (17) Pursuant to a decree of divorce, annulment, or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annurty, if the transfer or conveyance is to accommodate the fiduciary relationship; (16) Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration otors and the owner of the majority interest in the limited or general partnership are the same person; (15) Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third pae corporate entity to the stockholders or creditors; (13) On cemetery lots and grave sites; (14) Between an individual grantor, or grantors, and a limited or general partnership if the grantor or granny limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from thn, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person; (12) Between any corporation and its stockholders or creditors, or between aof the cancellation or surrender of the subsidiary's stock; (10) Pursuant to decrees of distribution entered in any decedent's estate; (11) Between an individual grantor, or grantors, and a corporatio assets of corporations or limited liability companies are transferred; (9) By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration sure actions or proceedings; (7) On partition; (8) Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of thenly nominal actual consideration therefor; (6) On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclon order to provide for or to release security for a debt or obligation; (4) Which confirms or corrects a deed previously executed and recorded; (5) Between husband and wife, or parent and child with ooes not apply to any transfer: (1) Recorded before July 1, 1968; (2) By or to the United States of America, this state, or any instrumentality, agency, or political subdivision of either; (3) Solely iTerms of Use found at findlegalforms.com South Dakota Real Estate Transfer Fee Exemptions SOUTH DAKOTA CODIFIED LAWS, §43-4-22. Exemptions from real estate transfer fee. The fee imposed by §43-4-21 ded without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. The purchase and use of these forms is subject to the Disclaimers and e sure to type or print all names below all signatures. These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you and should not be us words, "Exempt from transfer fee", and indicate the particular statutory section under which the exemption is claimed. (See next page for the statutory section setting forth the exemptions.) Please bs may be returned unrecorded or may be charged additional fees Certain transfers of title are not subject to South Dakota's transfer tax. If your transfer is exempt, the transfer deed must include thes to be filed with it. Please check your local requirements with your local Recorder's (or similar) office. Depending on the type of document, additional requirements may apply. Nonconforming documentption, you may write "SEE EXHIBIT A" in the space and attach a page titled "EXHIBIT A", to the Deed, containing the legal description of the property A Special Warranty Deed may require other documentcuments referencing land or other property should include a legal description of the land. Verify that the legal description is correct. If the space in the document is not enough for the legal descrias a public record. Without filing, the Special Warranty Deed may not be effective against third parties. Although witnesses are not required in all states, it is generally a good idea to use them. Dopecial Warranty Deed The Grantor should date and sign the Special Warranty Deed before a notary and two witnesses. Among other things, Notarization will allow the Special Warranty Deed to be recorded Instructions & Checklist South Dakota Special Warranty Deed This packet includes: (1) Instructions and Checklist for Special Warranty Deed; (2) Information about Warranty Deeds; and (3) South Dakota S South Dakota