Common use of SPECIAL WARRANTY DEED Clause in Contracts

SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company (“Grantor”), whose address is c/o Resource Real Estate, Inc., 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does hereby GRANT, BARGAIN, SELL and CONVEY unto _______________________________, a _______________________________ (“Grantee”), whose address is ________________________________, that certain tract of land situated in Xxxxxx County, Texas, as more fully described on Exhibit A attached hereto and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining thereto, and (c) all of Grantor’s right, title and interest in and to oil, gas and mineral rights, adjacent strips, xxxxx, xxxxxxx, xxxxx, xxxxxx and rights-of-way (said land, improvements, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to as the “Real Property”). This conveyance is made and accepted subject to all matters set out herein above and in Exhibit B, attached hereto and incorporated herein by reference (“Permitted Exceptions”) but only to the extent the Permitted Exceptions are valid, existing and affect the Real Property. TO HAVE AND TO HOLD the Real Property, together with all rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Real Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. All ad valorem taxes for the year in which the conveyance occurs have been prorated between Grantor and Grantee and Grantee shall be obligated to pay same. DATED effective as of the ___ day of ________, 2015. GRANTOR: RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company By: RCP Memorial Towers Manager, LLC, its sole member By: ___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on the _____ day of _____________, 2015, by ______________________, the _______________________ of RCP Memorial Towers Manager, LLC, manager of RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company, on behalf of said company. [SEAL] Notary Public in and for the State of My Commission Expires: Exhibit A - Legal Description Exhibit B - Permitted Exceptions EXHIBIT C XXXX OF SALE AND ASSIGNMENT THIS XXXX OF SALE AND ASSIGNMENT (the “Assignment”) is made as of _________________, 2015, by RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company (“Seller”) in favor of ___________________, a ________________ (“Buyer”).

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Resource Real Estate Investors 6 LP), Agreement of Purchase and Sale (Resource Real Estate Investors 6 LP)

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SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGSNotice of confidentiality rights: If you are a natural person, LLCyou 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: _________ ___, 2010 Grantor: Grantor’s Mailing Address: Grantee: BC Development Co., a Delaware limited liability company Missouri corporation Grantee’s Mailing Address: _______________________________________ Consideration: Cash and a promissory note of even date in the principal amount of ____________________________________ AND NO/100 DOLLARS ($__________) executed by Grantee, payable to the order of ___________. The note is secured by a vendor’s lien retained in this deed and by a deed of trust of even date from Grantee to ___________________, trustee. Property (including any improvements): [insert Property Description] Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for 2010, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. [NOTE: This remains subject to modification based on review of title.] EXHIBIT “F” Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee 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 the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. ___________________________, a By: Name: Title: STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me on the ___ day of ___________, 20__ by the said ______________________________________ of _______________________________, a _____________. ________________________________________ Notary Public, State of _____________ EXHIBIT “F” FORM OF XXXX OF SALE AND ASSIGNMENT XXXX OF SALE AND ASSIGNMENT This Xxxx of Sale and Assignment (“GrantorAssignment”), whose address dated __________, _____, is c/o Resource executed and delivered pursuant to that certain Real EstateEstate Purchase Agreement (the “Purchase Agreement”) dated as of _____, Inc.2010, 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000, for by and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does hereby GRANT, BARGAIN, SELL and CONVEY unto between __________________________________, a _______________________________ (“Grantee”), whose address is ________________________________, that certain tract of land situated in Xxxxxx County, Texas, as more fully described on Exhibit A attached hereto and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining thereto, and (c) all of Grantor’s right, title and interest in and to oil, gas and mineral rights, adjacent strips, xxxxx, xxxxxxx, xxxxx, xxxxxx and rights-of-way (said land, improvements, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to as the “Real Property”). This conveyance is made and accepted subject to all matters set out herein above and in Exhibit B, attached hereto and incorporated herein by reference (“Permitted Exceptions”) but only to the extent the Permitted Exceptions are valid, existing and affect the Real Property. TO HAVE AND TO HOLD the Real Property, together with all rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Real Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. All ad valorem taxes for the year in which the conveyance occurs have been prorated between Grantor and Grantee and Grantee shall be obligated to pay same. DATED effective as of the ___ day of ________, 2015. GRANTOR: RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company By: RCP Memorial Towers Manager, LLC, its sole member By: ___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on the _____ day of _____________, 2015, by ______________________, the _______________________ of RCP Memorial Towers Manager, LLC, manager of RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company, on behalf of said company. [SEAL] Notary Public in and for the State of My Commission Expires: Exhibit A - Legal Description Exhibit B - Permitted Exceptions EXHIBIT C XXXX OF SALE AND ASSIGNMENT THIS XXXX OF SALE AND ASSIGNMENT (the “Assignment”) is made as of _________________, 2015, by RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company (“Seller”) in favor of _), and __________________, a ________________ (“Buyer”), concerning the real property described in Exhibit “A” attached hereto (the “Land”). All capitalized terms not otherwise defined herein shall have the same meanings given them in the Purchase Agreement.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement (US Federal Properties Trust Inc.), Real Estate Purchase Agreement (US Federal Properties Trust Inc.)

SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGSThe GRANTOR, LLC[APPLICABLE SELLER ENTITY TO BE INSERTED], a Delaware limited liability company (“Grantor”)company, whose having an address is c/o Resource Real Estate, Inc., 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000of: [APPLICABLE ADDRESS TO BE INSERTED], for and in consideration of the sum of Ten and No/100 Dollars TEN AND NO/100 DOLLARS ($10.00) paid to Grantor and other good and valuable considerationconsideration paid in hand, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does hereby GRANT, BARGAINSELL, SELL CONVEY and CONVEY WARRANT unto _______________________________, a _______________________________ (“Grantee”), whose address is [________________________________, that certain tract of land situated in Xxxxxx County, Texas, as more fully described on Exhibit A attached hereto and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining thereto, and (c) all of Grantor’s right, title and interest in and to oil, gas and mineral rights, adjacent strips, xxxxx, xxxxxxx, xxxxx, xxxxxx and rights-of-way (said land, improvements, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to as the “Real Property”). This conveyance is made and accepted subject to all matters set out herein above and in Exhibit B, attached hereto and incorporated herein by reference (“Permitted Exceptions”) but only to the extent the Permitted Exceptions are valid, existing and affect the Real Property. TO HAVE AND TO HOLD the Real Property, together with all rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Real Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. All ad valorem taxes for the year in which the conveyance occurs have been prorated between Grantor and Grantee and Grantee shall be obligated to pay same. DATED effective as of the ___ day of ________, 2015. GRANTOR: RRE MEMORIAL TOWERS HOLDINGS, LLC_________________], a Delaware limited liability company By[TYPE OF ENTITY], having an address of: RCP Memorial Towers Manager, LLC, its sole member By: [___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on the _____ day of _____________, 2015, by ______________________, the _______________________ ], GRANTEE, all of RCP Memorial Towers ManagerGrantor’s right, LLC, manager of RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company, on behalf of said company. [SEAL] Notary Public title and interest in and for the State of My Commission Expires: to that that certain real property located in [APPLICABLE COUNTY AND STATE TO BE INSERTED], as more particularly described in Exhibit A - Legal Description attached hereto and made a part hereof, together with all buildings, improvements and fixtures located thereon as of the date hereof and all rights, privileges and appurtenances pertaining thereto (collectively, the “Real Property”). This conveyance is made by Grantor and accepted by Grantee subject only to all covenants, conditions, restrictions, and other matters listed on Exhibit B - Permitted Exceptions EXHIBIT C XXXX OF SALE AND ASSIGNMENT THIS XXXX OF SALE AND ASSIGNMENT attached hereto and incorporated herein (the “AssignmentPermitted Exceptions) is made ), but only to the extent the same do, in fact, exist and are applicable to the Real Property as of _________________the date hereof. TO HAVE AND TO HOLD the Real Property and all and singular the rights and appurtenances thereto in anyway belonging, 2015subject only to the Permitted Exceptions, by RRE MEMORIAL TOWERS HOLDINGSunto Grantee, LLCits legal representatives, a Delaware limited liability company (“Seller”) in favor of ___________________successors and assigns, a ________________ (“Buyer”)and Grantor does hereby bind itself, its legal representatives, successors and assigns, to WARRANT and FOREVER DEFEND all and singular the Real Property unto the Grantee, its legal representatives, successors and assigns, against Grantor and every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, subject only to the Permitted Exceptions.

Appears in 1 contract

Samples: Agreement for Sale and Purchase (American Realty Capital Hospitality Trust, Inc.)

SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGSHolland Breckenridge Apartment Homes, LLC, a Delaware limited liability company (“Grantor”), whose address is c/o Resource Real Estate, Inc., 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000, for conveys and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid specially warrants to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does hereby GRANT, BARGAIN, SELL and CONVEY unto _______________________________, a _______________________ (“Grantee”), the real property described on Exhibit A attached hereto and incorporated herein (the “Property”), together with, all and singular, the tenements, hereditaments, easements, rights-of-way and appurtenances belonging or in anywise appertaining to the same, and the improvements thereon, free of encumbrances created or suffered by Grantor except as set forth in Exhibit B attached hereto and incorporated herein (the “Permitted Encumbrances”). The true and actual consideration for this transfer is $____________. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. [Signature Page Follows] Dated this ______ (“Grantee”)day of _________, whose address is 2016. GRANTOR: Holland Breckenridge Apartment Homes, LLC, a Delaware limited liability company By: Holland 191 II LLC, a Delaware limited liability company, its sole Member and Manager By: Holland Partners 191 II, LLC, a Washington limited liability company, its Manager By: Holland Partners Management, LLC, a Washington limited liability company, its Manager By: Holland Partner Group Management, Inc., a Delaware corporation, its Manager By: Name: Title: STATE OF WASHINGTON ) ) ss. COUNTY OF XXXXX ) I certify that I know or have satisfactory evidence that ________________________________, that certain tract of land situated in Xxxxxx County, Texas, as more fully described on Exhibit A attached hereto and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining thereto_ is the person who appeared before me, and (c) all of Grantor’s rightsaid person acknowledged that he signed this instrument, title on oath stated that he was authorized to execute the instrument and interest in and to oil, gas and mineral rights, adjacent strips, xxxxx, xxxxxxx, xxxxx, xxxxxx and rights-of-way (said land, improvements, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to acknowledged it as the “Real Property”). This conveyance is made and accepted subject to all matters set out herein above and in Exhibit B, attached hereto and incorporated herein by reference (“Permitted Exceptions”) but only to the extent the Permitted Exceptions are valid, existing and affect the Real Property. TO HAVE AND TO HOLD the Real Property, together with all rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Real Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. All ad valorem taxes for the year in which the conveyance occurs have been prorated between Grantor and Grantee and Grantee shall be obligated to pay same. DATED effective as of the ___ day of ________, 2015. GRANTOR: RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company By: RCP Memorial Towers Manager, LLC, its sole member By: ___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on of Holland Partner Group Management, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated the _____ day of _____________, 2015, by ______________________, 2016. Notary Public for Washington My Appointment Expires: EXHIBIT A LEGAL DESCRIPTION A tract of land situated in the _______________________ Southwest one-quarter of RCP Memorial Towers ManagerSection 1, LLCTownship 1 South, manager Range 1 West of RRE MEMORIAL TOWERS HOLDINGSthe Willamette Meridian, LLCin the County of Washington and State of Oregon, a Delaware limited liability company, on behalf more particularly described as follows: Commencing at the Northwest corner of the Xxxxxxx Xxxxxxx Donation Land Claim No. 62; thence South 0°35'39" East along the West line of said companyDonation Land Claim a distance of 1510.36 feet to the true point of beginning of the tract herein to be described; thence North 88°51'57" East, 279.04 feet to the Southwest corner of that certain tract described in Deed to Max H. and Xxxxxxxx X. Xxxxxxx, recorded in Book 364, page 399; thence North 1°11 '39" West along the West line of said Xxxxxxx Tract 1041.95 feet to a point which lies 45.00 feet Southeasterly of, when measured at right angles to, the centerline of X.X. Xxxxxx Road; thence parallel with and 45.00 feet Southeasterly of said centerline, along the arc of a 909.93 foot radius curve to the right, through a central angle of 19°11'46" an arc distance of 304.86 feet (the chord bears North 57°05'09" East, 303.43 feet); thence parallel with and 45.00 feet Southeasterly of said centerline, North 66°41'02" East, 384.93 feet; thence parallel with and 45.00 feet Southeasterly of said centerline along the arc of a 999.93 foot radius curve to the left, through a central angle of 0°10'22", an arc distance of 3.01 feet (the chord bears North 66°35'52" East, 3.01 feet) to the West line of SYLVAN HEIGHTS CONDOMINIUM; thence South 1°38'17" East along said West line 616.76 feet to an iron pipe; thence North 78°22'55" East 134.59 feet; thence South 1°15'42" East along the West line of SYLVAN HEIGHTS CONDOMINIUM 930.63 feet; thence South 89°02'08" West 239.08 feet to a stone monument; thence North 89°13'08" West a distance of 797.71 feet to a point in the West line of the Xxxxxxx Xxxxxxx Donation Land Claim; thence North 0°35'39" West along said West line 147.29 feet to the point of beginning. [SEAL] Notary Public in and for EXCEPTING THEREFROM, any portion lying within the boundary of X.X. Xxxxxx Road. ALSO EXCEPTING THEREFROM that portion granted to the State of My Commission Expires: Exhibit A - Legal Description Exhibit Oregon, by and through its Department of Transportation by final order, Xxxxxxxxxx Xxxxxx Xxxxxxx Xxxxx Xxxx Xx. X00- 0000XX entered June 30, 1993. EXHIBIT B - Permitted Exceptions PERMITTED EXCEPTIONS EXHIBIT C D XXXX OF SALE AND ASSIGNMENT THIS XXXX OF SALE AND ASSIGNMENT (the “Assignment”) is made as of _________________KNOW ALL MEN BY THESE PRESENTS, 2015, by RRE MEMORIAL TOWERS HOLDINGSthat Holland Breckenridge Apartment Homes, LLC, a Delaware limited liability company ("Seller") in favor consideration of _____Ten and 00/00 Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, transfer, quit claim and set over unto ______________, a _______________ ("Purchaser") all furniture, furnishings, fixtures, equipment and other personal property set forth on Exhibit A attached hereto and made a part hereof (the "Personal Property") located at, on and about the real estate located at 0000 XX Xxxxxx Road, Portland, Oregon, 97225, and commonly known as the Breckenridge Apartments, which is legally described in the Agreement, as hereinafter defined (the "Premises"). TO HAVE AND TO HOLD the Personal Property unto Purchaser and Purchaser's heirs, legal representatives, successors and assigns forever. ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE PERSONAL PROPERTY SOLD HEREUNDER IS SOLD IN "AS IS" CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY SELLER. Any liability of Seller hereunder shall be limited as set forth in Section 19 of that certain Agreement of Purchase and Sale between Seller and Purchaser dated _____________ ___, 2016 (“Buyer”the "Agreement").. [Signature Page Follows]

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Resource Real Estate Opportunity REIT II, Inc.)

SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company (“Grantor”), whose address is c/o Resource Real Estate, Inc., 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does hereby GRANT, BARGAIN, SELL and CONVEY unto _______________________________, a _______________________________ (“Grantor”), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid in hand to Grantor by (“Grantee”), whose address the receipt and sufficiency of which is ________________________________hereby acknowledged, that certain tract of land situated in Xxxxxx Countyhas GRANTED, TexasBARGAINED, as more fully described on Exhibit A attached hereto SOLD and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining theretoCONVEYED, and (c) by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee all of the Grantor’s right, title and interest in and to oilthat certain parcel of land located in St. Louis County, gas Missouri and mineral legally described in Exhibit A attached hereto and incorporated herein by this reference, together with all improvements located thereon and owned by Grantor as of the date hereof and all right, title and interest, if any, that Grantor may have in and to all rights, adjacent stripsprivileges and appurtenances pertaining thereto, xxxxxincluding all of Grantor’s right, xxxxxxxtitle and interest, xxxxxif any, xxxxxx in and to all rights-of-way (said landway, improvementsopen or proposed streets, rights, benefits, privilegesalleys, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to as strips or gores of land adjacent thereto (herein collectively called the “Real Property”). This conveyance is made by Grantor and accepted by Grantee subject to all matters set out herein above and in forth on Exhibit B, B attached hereto and incorporated herein all other easements, covenants, conditions, restrictions, reservations, and other matters of record in the office of the Recorder of Deeds of St. Louis County, Missouri, unrecorded easements and other matters which would be disclosed by reference a survey or inspection of the Real Property, the rights of the public in and to parts of the Real Property in streets, roads or alleys, all unpaid general and special real estate taxes and assessments, known or unknown, the lien of general and special real estate taxes and assessments not yet due and payable and the interests of any tenants in possession of the Real Property (collectively, the “Permitted Exceptions”) but only ). Grantor, for itself and its successors, WILL WARRANT AND DEFEND, said Property against all persons lawfully claiming, or to claim the same, by, through or under it; provided, however, that this conveyance is made subject to the extent the foregoing Permitted Exceptions are valid, existing and affect the Real Propertyencumbrances. TO HAVE AND TO HOLD the Real Property, Property together with all improvements located thereon all and singular the rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singularthereto in anywise belonging, subject to the Permitted Exceptions, the Real Property unto Grantee and Grantee’s , its legal representatives, successors and assignsassigns forever. If any term or provision of this Deed or the application thereof to any persons or circumstances shall, against every person whomsoever lawfully claiming to any extent, be invalid or unenforceable, the remainder of this Deed or the application of such term or provision to claim persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Deed shall be valid and enforced to the fullest extent permitted by law. This Deed may be executed in counterparts, each of which shall be an original and all of which counterparts taken together shall constitute one and the same or any part thereof by, through or under Grantor, but not otherwise. All ad valorem taxes for the year in which the conveyance occurs have been prorated between Grantor and Grantee and Grantee shall be obligated to pay same. DATED effective as of the ___ day of ________, 2015. GRANTOR: RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company By: RCP Memorial Towers Manager, LLC, its sole member By: ___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on the _____ day of _____________, 2015, by ______________________, the _______________________ of RCP Memorial Towers Manager, LLC, manager of RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company, on behalf of said company. [SEAL] Notary Public in and for the State of My Commission Expires: Exhibit A - Legal Description Exhibit B - Permitted Exceptions EXHIBIT C XXXX OF SALE AND ASSIGNMENT THIS XXXX OF SALE AND ASSIGNMENT (the “Assignment”) is made as of _________________, 2015, by RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company (“Seller”) in favor of ___________________, a ________________ (“Buyer”)agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (KBS Real Estate Investment Trust, Inc.)

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SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGSFor the consideration of Ten Dollars and other good and valuable consideration, LLCthe receipt and adequacy of which are hereby acknowledged, SPIRIT MASTER FUDNING III, a Delaware limited liability company (“Grantor”), whose address is c/o Resource Real Estatewith offices located at 0000 X. Xxxxxxx Street, Inc.Suite 300, 0000 Xxxxxx XxxxxxDallas, 00xx XxxxxTexas 75201, Xxxxxxxxxxxx, XX 00000, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does hereby GRANTgrant and convey to , BARGAIN, SELL and CONVEY unto _______________________________, a _______________________________ a(n) (“Grantee”), whose address is ________________________________with offices located at , that certain tract of land real property situated in Xxxxxx Xxxx County, Texas, as more fully Illinois described on Exhibit A attached hereto and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining thereto, and (c) all of Grantor’s right, title and interest in and to oil, gas and mineral rights, adjacent strips, xxxxx, xxxxxxx, xxxxx, xxxxxx and rights-of-way (said land, improvements, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to as the “Real Property”). This conveyance The Property is made and accepted conveyed subject to all matters set out herein above taxes and other assessments not yet due and payable, reservations in Exhibit Bpatents, attached hereto all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and incorporated herein by reference (“Permitted Exceptions”) but only to the extent the Permitted Exceptions are valid, existing and affect the Real Property. TO HAVE AND TO HOLD the Real Property, together with all rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns foreverliabilities as may appear of record, and all matters that an inspection or survey would disclose. The Grantor does hereby bind binds itself and its successors to warrant and assigns to WARRANT defend the title as against all acts of the Grantor and FOREVER DEFEND, all and singular, subject to the Permitted Exceptions, the Real Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully anyone claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwiseand no other, subject to the matters above set forth. All ad valorem taxes for the year in which the conveyance occurs have been prorated between Grantor and Grantee and Grantee shall be obligated to pay same. DATED effective as of the ___ day of ________[Signature follows on next page] Dated: , 2015. 2017 GRANTOR: RRE MEMORIAL TOWERS HOLDINGSSPIRIT MASTER FUNDING III, LLC, a Delaware limited liability company By: RCP Memorial Towers Spirit SPE Manager, LLC, its sole member By: ___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on the _____ day of _____________, 2015, by ______________________, the _______________________ of RCP Memorial Towers Manager, LLC, manager of RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company, its manager By: Printed Name: Title: STATE OF TEXAS ) ) SS. COUNTY OF DALLAS ) Before me, the undersigned Notary Public, on behalf this day of 2017, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and known to me to be the of Spirit SPE Manager, LLC, a Delaware limited liability company, the Manager of Spirit Master Funding III, LLC, a Delaware limited liability company, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, and as the act of said limited liability company. [SEAL] Notary Public in and for the State of My Commission Expires: Exhibit A - EXHIBIT “A” Address of Real Estate: 000 Xxxx Xxxxxxxxx Xxxxx, Xxxxx, Illinois 61010 Tax Parcels ID Nos.: 00-00-000-000 and 05-32-227-001 Legal Description Exhibit B - Permitted Exceptions Description: ALSO: Send Future Tax Bills to: Attn: EXHIBIT C XXXX ASSIGNMENT AND ASSUMPTION OF SALE FARM LICENSE AGREEMENT THIS ASSIGNMENT AND ASSIGNMENT THIS XXXX ASSUMPTION OF SALE AND ASSIGNMENT FARM LICENSE AGREEMENT (the this “Assignment”) ), is made as of _________________[_ , 20152017] (“Effective D ate”), by RRE MEMORIAL TOWERS HOLDINGSand between SPIRIT MASTER FUNDING III, LLC, a Delaware limited liability company (“SellerA entity] (“Assignee) in favor of ___________________). ssignor”), and [ ], a ________________ (“Buyer”).[state] [type of

Appears in 1 contract

Samples: Auction Purchase and Sale Agreement

SPECIAL WARRANTY DEED. RRE MEMORIAL TOWERS HOLDINGSAt closing, LLC, Seller shall give Buyer a Delaware limited liability company (“Grantor”), whose address is c/o Resource Real Estate, Inc., 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, XX 00000, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does hereby GRANT, BARGAIN, SELL and CONVEY unto _______________________________, a _______________________________ (“Grantee”), whose address is ________________________________, that certain tract of land situated in Xxxxxx County, Texas, as more fully described on Exhibit A attached hereto and made a part hereof for all purposes, together with (a) all improvements located thereon, (b) all rights, benefits, privileges, easements, tenements, hereditaments and appurtenances there unto belonging or in any wise, pertaining thereto, and (c) all of Grantor’s right, title and interest in and to oil, gas and mineral rights, adjacent strips, xxxxx, xxxxxxx, xxxxx, xxxxxx and rights-of-way (said land, improvements, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests being hereinafter referred to as the “Real Property”). This conveyance is made and accepted subject to all matters set out herein above and in Exhibit B, attached hereto and incorporated herein by reference (“Permitted Exceptions”) but only special warranty deed to the extent the Permitted Exceptions are valid, existing and affect the Real Property. TO HAVE AND TO HOLD the Real Property, together with all rights and appurtenances pertaining thereto, unto Grantee and Grantee’s successors and assigns forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singularDwelling Unit, subject to the Permitted Exceptions. Buyer will also receive the following documents at closing: 1) a Bill of Sale for any appliances included in the Dwelling Unit, 2) Seller's form of Owner's (“no lien”) Affidavit, 3) FIRPTA (non-foreign) affidavit, and 4) Acknowledgment, Receipt and Compliance Agreement and Closing Agreement prepared by Seller’s counsel. When Xxxxx receives the Real Property unto Grantee special warranty deed at closing, Buyer will sign any other documents that Seller and Grantee’s successors or its counsel deems necessary or appropriate. Title, for all purposes, shall be deemed insurable and assignsotherwise acceptable hereunder if Xxxxxx is able to deliver a commitment for an owner's title insurance policy for the Dwelling Unit subject only to the permitted exceptions set forth herein. If Seller cannot provide the quality of title described above, against every person whomsoever lawfully claiming Seller will have a reasonable period of time (at least sixty (60) days) to use good faith efforts to correct any defects in title. If Seller cannot correct the title defects within such time, Buyer will have two options: (a) Buyer can accept title in the condition Seller offers it without any reduction in the Total Purchase Price, or (b) Buyer can cancel this Agreement and receive a full refund of its deposits. Seller will be relieved of all obligations under this Agreement (and otherwise) when Seller refunds the deposits to claim Buyer. At the same or time Xxxxx receives the special warranty deed, Xxxxx agrees to pay the balance of the Total Purchase Price and any part thereof by, through or additional amounts owed under Grantor, but not otherwisethis Agreement. All ad valorem taxes for the year in which the conveyance occurs Until all sums have been prorated between Grantor received and Grantee and Grantee shall cleared, Seller will be entitled to a vendor's lien on the Dwelling Unit (which Buyer will grant to Seller in writing at closing at Seller's request). Notwithstanding that Xxxxx is obligated to pay same. DATED effective as "all-cash" hereunder, in the event Buyer is obtaining financing with the assistance of a Federally-related mortgage loan and this transaction is otherwise subject to the rules of the ___ day Consumer Finance Protection Board ("CFPB"), Buyer shall have the right to obtain a title insurance commitment and policy for the Dwelling Unit from its own sources rather than to receive same from Seller. In the event that Buyer elects to obtain a title insurance commitment and policy for the Dwelling Unit from its own sources rather than to receive same from Seller, (i) Buyer must provide Seller with written notice of ________same at least thirty (30) days after Buyer signs this Agreement, 2015. GRANTOR: RRE MEMORIAL TOWERS HOLDINGS(ii) Seller shall have no obligation to provide a title insurance commitment or any other evidence of title to Buyer, LLC(iii) Seller will have no obligation to pay, a Delaware limited liability company By: RCP Memorial Towers Manager, LLC, its sole member By: ___________________________ Name: Title: Acknowledgment STATE OF § § COUNTY OF § This instrument was acknowledged before me on the _____ day of _____________, 2015, by ______________________and Buyer shall be responsible for payment of, the _______________________ of RCP Memorial Towers Managertitle insurance premiums, LLCand (iv) Buyer shall, manager of RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company, on behalf of said company. [SEAL] Notary Public in and for the State of My Commission Expires: Exhibit A - Legal Description Exhibit B - Permitted Exceptions EXHIBIT C XXXX OF SALE AND ASSIGNMENT THIS XXXX OF SALE AND ASSIGNMENT no later than five (5) business days prior to closing (the “Assignment”"Objection Deadline"), notify Seller in writing if title is not in the condition required by this Agreement and specify in detail any defect (i.e., any matters which make title other than in the condition pursuant to which same is required to be conveyed to Buyer), provided that if Buyer fails to give Seller written notice of defect(s) is made before the expiration of the Objection Deadline, the defects shall, anything in this Agreement notwithstanding, be deemed to be waived as of _________________title objections to closing this transaction and Seller shall be under no obligation whatsoever to take any corrective action with respect to same, 2015, by RRE MEMORIAL TOWERS HOLDINGS, LLC, a Delaware limited liability company (“Seller”) in favor of ___________________, a ________________ (“Buyer”)and title to the Dwelling Unit shall be conveyed subject to same.

Appears in 1 contract

Samples: Agreement

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