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I need someone to help me with a research project. I have attached a copy. INTRODUCTION This graded project is divided into three sections, which

I need someone to help me with a research project. I have attached a copy.

INTRODUCTION

This graded project is divided into three sections, which are

designed to exercise and test your skills in three important

areas of paralegal practice in the field of real estate:

1. Understanding deeds and warranty clauses

2. Drafting property sale agreements

3. Drafting lease termination notices

Helpful Hints

When you draft legal documents, there are some tips to keep

in mind. While legal language is often complicated, it should

never be unnecessarily complicated. You shouldn't add additional

words, or use longer words, simply because the result

sounds more "legalistic." Each word should be chosen because

it's the clearest and best way to say what the document needs

to express.

A longer legal document isn't necessarily better than a shorter

document. Sometimes the opposite is the case. Placing additional

provisions into a legal document to address nonexistent

issues doesn't make your document better. It can create

ambiguity and problems of interpretation.

When you draft a legal document, it's helpful to use numbered

paragraphs, and sometimes numbered or lettered subparagraphs.

This helps organize the document and provides a

visual framework for the reader. Generally, one paragraph

should deal with one issue. When you move on to another

issue, you should start a new paragraph. Numbered paragraphs

also provide a way to reference a specific part of the document, such as when one paragraph has to reference an

earlier or later paragraph in the document. You can call the

paragraphs "Articles" or provide titles for each paragraph, but

this is optional. Numbering your paragraphs also provides a

visual framework for the person reading the document.

When you're drafting legal documents, it's acceptableeven

praiseworthyto copy from other documents. The goal when

drafting a legal document isn't freshness and originality. The

goal is to draft a document that will accomplish the purpose

for which it's designed, while avoiding unintended consequences

as much as possible. One of the best ways to do this is to use

language that has been tried and tested before. So, if you

know that particular language has been approved in the past,

and the language matches what you're trying to accomplish

in the document you're creating, you should strongly consider

using the same language yourself.

However, when you copy existing legal language, be careful:

no two situations are exactly the same. You'll almost always

have to make some changes to the preexisting language in

order to adapt it to what you're trying to do. You must take

care never to copy language that you don't understand. If

you're not sure what the legal effect of a phrase or sentence

is, don't copy it just because it appears in a document that's

similar to what you're trying to create. Remember that copying

is acceptable only for documents that have legal effect,

like wills, trust documents, and contracts. Copying when

you're writing an essay or a memorandum is plagiarism

and will cause very serious problems.

Your textbook contains several sample deeds and contracts.

In addition, quotations from various types of legal documents

appear throughout your text. You may find language that you

can use in this project within your textbook.

Proofreading and Editing

Once you're sure the content of your document is what it

should be, you should proofread the document for spelling,

grammar, and other mistakes. Some law firms have a policy

that no document may leave the firm until at least two people

have reviewed it. Even an excellent writer will occasionally

make mistakes. If you can, have someone else look over your work. At a minimum, you should put your work aside for

a day or more and then look at it again. You'll be surprised

what problems you notice on a cold reading.

Always proofread and edit from a paper copy. Never try to

proofread or edit solely from the computer screen.

PART 1

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.

PART 2

Draft a property sale agreement based upon the facts provided.

A. The buyer is Bob Buyer, 10 Main Street, Centerville, West Dakota.

B. The seller is Sally Seller, 100 Oak Street, Farmerville, West Dakota.

C. The property is a two-family home at 100 Oak Street, Farmerville, West Dakota.

D. The property is at lot number 10, block number 10.

E. Purchase Price: $400,000

F. Initial deposit: $40,000

G. The closing will take place at 150 Commerce Avenue, Centerville, West Dakota, on June 15

of this year.

H. The transaction is contingent on the buyer being able to obtain a mortgage in the amount of

$200,000, at an interest rate less than or equal to 6% by June 1 of this year.

J. The transaction is contingent on the buyer being able to sell the buyer's present home at 25

Elm Street, Potterville, East Dakota, by June 1 of this year.

K. All fixtures are included with the property.

L. The seller warrants that the property is zoned for a two-family home.

M. The seller is responsible for the condition of the property until closing.

N. The seller will provide a limited warranty deed.

O. The seller will pay all liens before closing.

P. The seller wants to include a standard clause stating that ownership is transferred subject to

any easements in favor of utility companies.

Q. The buyer has already inspected the property and will accept the property "as is."

R. The seller will pay Benny Broker's broker fee of 3% of the purchase price.

S. The buyer and seller will apportion periodic expenses such as property taxes pro rata based

on the time of transfer of possession.

T. If the contract is cancelled without breach by the buyer, the buyer's deposit will be returned.

If the contract is cancelled because the seller is unable to provide a deed with the proper

warranties, then the seller will also pay the buyer's costs.

U. The property is a two-family home. It is understood that Tommy Tenant will continue in possession

of the rental apartment on the third floor of the property pursuant to his lease, which

was executed on June 15 of last year and which expires on June 15 of next year. Tommy

pays $700 per month in rent.

PART 3

The transaction between the buyer and the seller that was

described in Part 2 has been completed. Unfortunately, Tommy

Tenant didn't pay his rent on September 15, when it was due,

and has not paid rent since. It's now December 15, and Bob

Buyer wants to terminate Tommy's occupancy. Draft a notice

of lease termination.

WRITING GUIDELINES

1. Type your submission, double-spaced, in a standard print

font, size 12. Use a standard document format with 1-inch

margins. (Do not use any fancy or cursive fonts.)

2. Save each part of your project as a separate document in

Word or another word-processing program. Name the

files Part 1, Part 2, and Part 3.

3. Include the following information at the top of each:

a. Name and complete mailing address

b. Student number

c. Course title and number (Real Estate Law, PLS 215)

d. Research project number (40174600)

4. Proofread your work carefully. Check for correct spelling,

grammar, punctuation, and capitalization.

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 ________________

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