This form is to be used in conjunction with the Deed of Trust to Secure Owelty of Partition, form
24-10.
Special Warranty Deed with Encumbrance for Owelty of Partition
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:
Ten dollars and other good and valuable consideration paid by Grantee to Grantor, receipt and sufficiency of which are hereby acknowledged and:
a.Grantee’s assumption of and agreement to pay the unpaid principal and interest on that one certain promissory note, executed by Grantor and Grantee, in the original principal sum of $[amount], payable to the order of [name], dated [date], and secured by operation of a deed of trust executed by Grantor and Grantee, which encumbers the property herein conveyed; and
b.Grantee’s agreement to indemnify and hold Grantor harmless from the payment of the note described above and Grantee’s assumption of the performance of Grantor’s obligations required or specified in the deed of trust described above and any instruments securing payment of the note; and
c.the execution and delivery by Grantee to Grantor of one certain Real Estate Lien Note in the principal sum of $[amount], payable to the order of Grantor, dated [date], and secured by a vendor’s lien, a lien for owelty, and superior title retained and additionally secured by deed of trust executed by Grantee herein to [name], Trustee.
Property:
House and lot situated in [county] County, Texas, known commonly as [address] and described as follows: [legal description of property].
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.]
Grantor reserves the vendor’s lien and a lien for owelty and superior title to the property until the Real Estate Lien Note payable to Grantor has been paid in full.
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 Grantor’s undivided 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.
When the context requires, singular nouns and pronouns include the plural.
Grantor assigns to Grantee the casualty insurance policy on the property, all utility deposits for utility service at the property, and all funds held in escrow for payment of taxes and insurance premiums.
Grantee assumes all ad valorem taxes due on the property for the current year.
Encumbrance for Owelty of Partition:
Grantor and Grantee are joint owners of the property by virtue of a deed dated [date] and recorded in volume [volume], page [page], of the Deed Records of [county] County, Texas. The property is the family homestead of Grantor and Grantee, who are parties in a suit for divorce styled “[style of case],” Cause No. [number], in the [designation] Court of [county] County, Texas. As an incident to the divorce proceeding, Grantor and Grantee have agreed that Grantee will acquire the full fee simple title in and to the homestead and that a debt in the amount of $[amount] will be created in favor of Grantor and a lien or owelty of partition will be fixed on the entirety of the homestead to secure the debt. Grantee specifically acknowledges that the lien or owelty of partition is on the entirety of the property and is superior to Grantee’s rights of use and occupancy of the property as Grantee’s homestead or otherwise.
Grantee joins in the execution of this deed for the purpose of accepting delivery thereof and acknowledging this agreement and the validity of the deed of trust lien, vendor’s lien, and lien for owelty created herein on the property and the priority and superiority of the liens to any right of use, occupancy, and homestead that [he/she] may have, hold, or claim in and to the entirety of the property.
Grantee agrees to provide proof of payment (including escrows) of all obligations paid under the assumed note to Grantor on request. Grantee and Grantor agree to provide each other with ongoing access to all passwords and ongoing online access related to the assumed note. Grantor and Grantee agree to forward a copy of any and all correspondence from the underlying Lender to the other party within five business days of receipt.
[Name of grantor], Grantor
[Name of grantee], Grantee
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
State of Texas)
County of)
This instrument was acknowledged before me on ________________________ by [name of grantee].
Notary Public, State of Texas
After recording, return to:
[Name]
[Street address]
[City, state, zip]