Question
DEED 2 3 This indenture, made the ___ day of ________, in the year of our Lord 20___, between 4 __________________ (hereinafter called the grantor),
DEED 2 3 This indenture, made the ___ day of ________, in the year of our Lord 20___, between 4 __________________ (hereinafter called the grantor), of the first part, and _________________ 5 (hereinafter called the grantee), of the second part. 6 7 Witnesseth that the said party of the first part, for and in consideration of the sum of 8 ______________________, lawful money of the United States of America, well and truly paid by the 9 said party of the second part to the said party of the first part, at and before the unsealing 10 and delivery of these presents, the receipt of which is hereby acknowledged, hath granted, 11 bargained, sold, aligned, enfoeffed, released, conveyed, and confirmed, and by these 12 presents doth grant, bargain, sell, alien, release, convey, and confirm unto said party of the 13 second part, and to his/her heirs, successors, and assigns, to have and to hold forever, ALL 14 that certain lot or piece of ground situated in ____________, in the County of ______________ and 15 the State of _____________, being Lot No. _____________, in the _______________, as recorded in the 16 Recorder's office of __________________ County, ____________, in Plan Book Volume ________, pages 17 ___, ___ and ____, being designated as Block and Lot No. ______________, known and numbered as 18 ________________, ________________________, _________________________. 19 20 The Grantor covenants with the grantee, the grantee's heirs, assigns, and successors, 21 that, at the time of the delivery of that deed the grantor was lawfully seized in fee simple of 22 the granted premises, that the granted premises were free from all encumbrances, that the 23 grantor had good right to sell and convey the same to the grantee and the grantee's heirs, 24 assigns, and successors, and that the grantor does warrant and will defend the same to the 25 grantee and the grantee's heirs, assigns, and successors, forever, against the lawful claims 26 and demands of all persons. 27 28 In witness whereof, the said party of the first part has hereunto set their hands and 29 seals on the day, month, and year first written above. 30 31 Signed, sealed, and delivered in the presence of: 32 33 ______________________________________ 34 35 State of ____________________________ ) 36 ) 37 County of ____________________________ ) 38 39 On this ______ day of ____________, ________, before me, the Subscriber, a Notary Public 40 for the State of _____________________, residing in _______________________ and 41 _____________________________, came the above-named ________________________________, who 42 acknowledged the foregoing to be his/her act and deed, and desired the same to be 43 recorded as such. 44 45 __________________________________ 46 NOTARY PUBLIC 47 48 (Seal) 49 My commission expires on ________________
1. In the deed provided on page 8, identify the following clauses by line number (that is, cite the line number where the clause begins and where the clause ends).
A. The consideration clause
B. The granting clause
C. The legal description
D. The warranty clause
2. Review the warranty clause carefully. Identify the kind of warranty this language provides.
3. Draft a new warranty clause that, if put in place of the warranty clause presently in the deed, would turn the deed into a limited warranty deed.
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