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Chapter 24

Form 24-3

Special Warranty Deed

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

Date:

Grantor:

Grantor’s Mailing Address: [include county]

Grantee:

Grantee’s Mailing Address: [include county]

Consideration:

The division of property ordered by the [designation] Court of [county] County, Texas, in Cause No. [number], styled “[style of case],” and ten dollars and other valuable consider­ation paid by Grantee, and Grantee’s assumption of the unpaid principal and earned interest on the note in the original principal sum of [dollars] dollars ($[amount]) dated [date], exe­cuted by [name], and payable to the order of [name]. The note is secured by a vendor’s lien retained in a deed dated [date], from [name] to [name], and additionally secured by a deed of trust dated [date], from [name] to [name], Trustee, recorded in volume [volume], page [page], of the official public records of real property of [county] County, Texas. Grantee agrees to indemnify and hold Grantor harmless from payment of the note and from performance of Grantor’s obligations specified in the instruments securing payment of the note.

Property (including any improvements): [property description]

Reservations from Conveyance and Exceptions to Conveyance and Warranty:

[Include if applicable: Grantor reserves [all/an undivided [fraction] of all] oil, gas, min­eral, water, wind, and surface rights in and under the property and that may be produced from the property.]

This deed is subject to all easements, restrictions, conditions, covenants, and other instruments of record.

Conveyance:

Grantor, for the consideration and subject to the reservations from conveyance and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee all of Grantor’s interest in the property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds Grantor and Grantor’s heirs and successors to warrant and for­ever defend all and singular the property to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the res­ervations from conveyance and exceptions to conveyance and warranty.

Grantor assigns to Grantee the casualty insurance policy on the property, all utility deposits for utility services at the property, and all funds held in escrow for payment of taxes and insurance premiums.

When the context requires, singular nouns and pronouns include the plural.

Grantee assumes all ad valorem taxes due on the property for the current year.

   
[Name of grantor]

This instrument was prepared based on information furnished by the parties, and no independent title search has been made.

State of Texas)

County of)

This instrument was acknowledged before me on __________________ by [name of grantor].

   
Notary Public, State of Texas

After recording, return to:

[Name]
[Street address]
[City, state, zip]