Common use of SPECIAL WARRANTY DEED Clause in Contracts

SPECIAL WARRANTY DEED. KNOW ALL MEN BY THESE PRESENTS, that [IRET ENTITY], a _________________ (“Grantor”) in consideration of One Dollar in hand paid by ________________, (“Grantee”) of ________ County and State of __________, does hereby grant, bargain, sell and convey unto the said Grantee, the following described premises situated in the County of ___________ and State of Nebraska, to-wit: See Exhibit A. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and all the estate, right, title, interest, claim or demand whatsoever of the said _________ (Grantor) of, in, or to the same, or any part thereof: TO HAVE AND TO HOLD the above described premises unto the said grantees and to their heirs forever; and the said Grantor hereby covenants that Grantor is lawfully seized of such premises, said premises are free and clear of all liens and encumbrances, except those easements, restrictions and covenants of record, Grantor has legal power and lawful authority to convey the premises, and it does hereby covenant to WARRANT AND DEFEND the said premises against the lawful claims and demands of all persons claiming by, through, or under it, and against no other claims or demands. IN WITNESS WHEREOF we have hereunto set our hand this ___ day of ______, 20__. Grantor: IRET ENTITY By:_______________________________ STATE OF _____________) )ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me on ___________ __, 20__ by _____________________, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said __________________. EAST\148676904. 7E-5 ______________________________ Notary Public My commission expires________________ EAST\148676904. 7E-6 NORTH DAKOTA LIMITED WARRANTY DEED This indenture, made this ______ day of _________________________, 201___ between [IRET ENTITY], party of the first part, and ________________________ party of the second part, whose post office address is ____________________________________________________________________ .

SPECIAL WARRANTY DEED. KNOW ALL MEN BY THESE PRESENTSFor the consideration of Ten Dollars ($10.00), that [IRET ENTITY]and other valuable considerations, a ___________________________ (“Grantor”) in consideration of One Dollar in hand paid by ), hereby conveys to __________________________, (“Grantee”) of a ________________ County and State of (“Grantee”), the following described real property situated in _______________ County, ____________, does hereby grant, bargain, sell together with all rights and convey unto the said Grantee, the following described premises situated in the County of ___________ and State of Nebraska, to-witprivileges appurtenant thereto: See legal description set forth in Exhibit A. Together A attached and incorporated by this reference (the “Property”). together with all improvements, buildings, structures and fixtures located thereon; all easements, if any, benefiting the tenementsProperty; all rights, hereditamentsbenefits, privileges and appurtenances thereunto belongingpertaining to the Property, including any right, title and interest of Grantor in and to any property lying in or under the bed of any street, alley, road or right-of-way, open or proposed, abutting or adjacent to the Property; the strips, gaps or gores, if any, between the Property; and abutting properties; all water, water rights, oil, gas or other mineral interests in, on, under or above the Property; and all rights and interests to receive any condemnation awards from any condemnation proceeding pertaining to the estateProperty, rightsewer rights, titlewater courses, interestwxxxx, claim ditches and flumes located on or demand whatsoever appurtenant to the Property. SUBJECT TO the liens of taxes and assessments not yet due and payable, easements and restrictions of public record, easements visible upon the Property. Grantor warrants the title to the Property against all acts of the said _________ (Grantor) of, in, or to the same, or any part thereof: TO HAVE AND TO HOLD the above described premises unto the said grantees Grantor herein and to their heirs forever; and the said Grantor hereby covenants that Grantor is lawfully seized of such premises, said premises are free and clear of all liens and encumbrances, except those easements, restrictions and covenants of record, Grantor has legal power and lawful authority to convey the premises, and it does hereby covenant to WARRANT AND DEFEND the said premises against the lawful claims and demands of all persons claiming by, through, or under it, and against no other claims or demandsother. IN WITNESS WHEREOF we have hereunto set our hand Dated this ___ day of ______, 20__200. GrantorGRANTOR: IRET ENTITY By:_______________________________ STATE OF By:_____________) )ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me on ___ Title:___________________________ STATE OF ) ) ss: COUNTY OF ) This instrument was acknowledged and executed before me this ______ day of ______________, 20200__ _, by _____________________, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said __________________. EAST\148676904. 7E-5 ______________________________ Notary Public My commission expiresCommission Expires: ________________ EAST\148676904. 7E-6 NORTH DAKOTA LIMITED EXHIBIT A TO SPECIAL WARRANTY DEED This indenture, made this ______ day of _________________________, 201___ between [IRET ENTITY], party of the first part, and ________________________ party of the second part, whose post office address is ____________________________________________________________________ .Legal Description EXHIBIT D ESCROW INSTRUCTIONS

SPECIAL WARRANTY DEED. KNOW ALL MEN BY THESE PRESENTSFor the consideration of the sum of Ten Dollars ($10.00) and other valuable considerations received, that [IRET ENTITY], a __________a(n) _________________________ (“Grantor”) in consideration of One Dollar in hand paid by ________________, (“Grantee”) of ________ County and State of __________), does hereby grant, bargain, sell and convey unto the said Grantee, the following described premises situated in the County of ___________ and State of Nebraska, to-wit: See Exhibit A. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and all the estate, right, title, interest, claim or demand whatsoever of the said _________ (Grantor) of, in, or to the same, or any part thereof: TO HAVE AND TO HOLD the above described premises unto the said grantees and to their heirs forever; and the said Grantor hereby covenants that Grantor is lawfully seized of such premises, said premises are free and clear of all liens and encumbrances, except those easements, restrictions and covenants of record, Grantor has legal power and lawful authority to convey the premises, and it does hereby covenant to WARRANT AND DEFEND the said premises against the lawful claims and demands of all persons claiming by, through, or under it, and against no other claims or demands. IN WITNESS WHEREOF we have hereunto set our hand this ___ day of ______, 20__. Grantor: IRET ENTITY By:_______________________________ STATE OF _____________, a(n) )ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me on ___________ __, 20__ by _____________________, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said __________________. EAST\148676904. 7E-5 ______________________________ Notary Public My commission expires(“Grantee”), all of Grantor’s right, title and interest in and to the following described real property (the “Property”) situated in ________________ EAST\148676904. 7E-6 NORTH DAKOTA LIMITED WARRANTY DEED This indentureCounty, made this ______ day of _________________________, 201___ between [IRET ENTITY], party together with all improvements thereon and all of Grantor’s interest in any rights and privileges solely appurtenant thereto: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: the permitted exceptions set forth on Exhibit B attached hereto and by this reference made a part hereof. AND GRANTOR hereby binds itself and its successors to warrant and defend the title against all of the first partacts of Grantor and no other, subject to the matters set forth above. This Deed and the conveyance evidenced hereby is made subject to the express condition (the “Restriction on Unit Sale”) that on or before [INSERT DATE 3 YEARS FROM DATE OF DEED] (the “Expiration Date”), individual condominium units in the Fox Ridge Condominiums created by and subject to that certain Declaration recorded on August 13, 1986 in Book 4850 at Page 601, as amended (the “Condominium”) shall not be sold; provided, however, notwithstanding the foregoing, Grantee and its successors and assigns may from time to time sell individual condominium units in the Condominium as long as the particular sale is not less than 100% of the individual condominium units in the Condominium to a single purchaser in a single transaction (which purchasing entity may consist of multiple entities owning an undivided interest in 100% of the individual condominium units). In addition to any rights or remedies Grantor may have at law or in equity, if, individual condominium units in the Condominium are sold in violation of the Restriction on Unit Sale prior to the Expiration Date, Grantee, on behalf of itself, its successors and its assigns, agrees to indemnify, defend and hold Grantor, Grantor’s affiliates, and ________________________ party each of their respective members, partners, officers, directors, trustees, parents, subsidiaries, shareholders, managers, beneficiaries, employees and agents, harmless from and against any and all demands, claims, causes of action, legal or administrative proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever and of any kind or nature (including, without limitation, court costs and reasonable attorneys’ fees and disbursements arising out of any of the second partabove), whose post office address whether in tort, contract or otherwise, and whether arising under statutes in effect in the State of Colorado or otherwise, arising out of or directly relating to claims made or brought by or on behalf of any party or parties (including, without limitation, condominium and homeowner associations), and their successors and assigns, who acquire or contract to acquire an ownership interest in one or more (but not all) individual condominium units in the Condominium, in connection with or related to, the physical condition of the Property prior to, at and subsequent to the date of this Deed, including, without limitation, with respect to deficiencies (including, without limitation, any latent or patent defect) in the design, specification, surveying, planning, development, supervision or construction of an improvement to the Property, or any injury arising out of any such deficiency, all structural and seismic elements of the Property, all mechanical, electrical, plumbing, sewage, heating, ventilating, air conditioning and other systems, the existence of asbestos, mold, mildew or fungi and the environmental condition of the Property (collectively, the “Claims”). Except with respect to any Claims arising or relating to the period occurring prior to the Expiration Date, the indemnity obligations set forth in this Deed shall automatically terminate on the Expiration Date without further action of the parties hereto. The foregoing indemnification, covenants, conditions and restrictions shall run with title to the Property herein described, and shall inure to the benefit of, and shall be binding upon, Grantor and Grantee and their respective heirs, successors and assigns. Except as otherwise provided in this Deed, Grantee hereby covenants and agrees not to sell, transfer or otherwise dispose of the Property, or any portion thereof (other than for individual tenant use as contemplated hereunder) prior to the Expiration Date, without obtaining from the Grantee’s successor or transferee and delivering same to Grantor a written agreement for the benefit of the Indemnified Parties acknowledging the Restriction on Unit Sale and assuming all of Grantee’s covenants, duties and obligations hereunder (provided that no such assumption shall relieve Grantee of its obligations hereunder to Grantor). If any term or provision of this Deed or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Deed or the application of such term or provision to 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.

SPECIAL WARRANTY DEED. KNOW ALL MEN BY THESE PRESENTSFor and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, that [IRET ENTITY]___________________, a ____________________ (“Grantor”), hereby grants and conveys to ____________________, a _________________ (“Grantor”) in consideration of One Dollar in hand paid by ________________, (“Grantee”) of ________ County and State of __________, does hereby grant, bargain, sell and convey unto the said Grantee), the following described premises situated real property located in the County of ___________ and State of Nebraska, to-wit: See Exhibit A. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and all the estate, right, title, interest, claim or demand whatsoever of the said _________ (Grantor) of, in, or to the same, or any part thereof: TO HAVE AND TO HOLD the above described premises unto the said grantees and to their heirs forever; and the said Grantor hereby covenants that Grantor is lawfully seized of such premises, said premises are free and clear of all liens and encumbrances, except those easements, restrictions and covenants of record, Grantor has legal power and lawful authority to convey the premises, and it does hereby covenant to WARRANT AND DEFEND the said premises against the lawful claims and demands of all persons claiming by, through, or under it, and against no other claims or demands. IN WITNESS WHEREOF we have hereunto set our hand this ___ day of ______, 20__. Grantor: IRET ENTITY By:_______________________________ STATE OF _____________) )ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me on ___________ __, 20__ by _____________________, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said __________________. EAST\148676904. 7E-5 ______________________________ Notary Public My commission expires________________ EAST\148676904. 7E-6 NORTH DAKOTA LIMITED WARRANTY DEED This indenture, made this ______ day of _________________________, 201legally described as: See legal description set forth in Exhibit A attached and incorporated by this reference (the “Property”). together with all right, title and interest of Grantor in and to all improvements located on the Property; all easements, if any, benefiting the Property; and all rights, benefits, privileges and appurtenances pertaining to the Property. SUBJECT TO current real property taxes and all unpaid non-delinquent general and special taxes, bonds and assessments; all liens, covenants, conditions, reservations, rights, easements, interests, rights of way, and restrictions of public record (to the extent in force and effect against the Property and without reimposing the same); all leases and any other occupancy agreements in effect for the Property, if any; all zoning ordinances and regulations and any other laws, ordinances or governmental regulations restricting or regulating the use, occupancy or enjoyment of the Property; and all matters visible upon or about the Property or that would be disclosed by an accurate survey of the Property. TO HAVE AND TO HOLD the Property unto said Grantee and its successors and assigns forever, and Grantor will warrant and defend the title to the Property conveyed hereby unto said Grantee against the lawful claims and demands of all claiming by, through and under Grantor, but no other. Dated this ___ between day of _______________, 2019. GRANTOR: By: Name: Title: [IRET ENTITY], party ADD APPROPRIATE NOTARIAL ACKNOWLEDGMENT] EXHIBIT C XXXX OF SALE THIS XXXX OF SALE (this “Xxxx of Sale”) is made as of the first part____ day of _____________, 2019 (the “Sale Date”), between _____________________, a _________________ (“Seller”), and ________________________ party of the second part, whose post office address is ___________________________________________________a _________________ .(“Buyer”). In connection with the sale by Seller to Buyer of the real property described on Exhibit A attached hereto (the “Property”) pursuant to an Agreement of Purchase and Sale dated as of ________, 201[ ] (the “Purchase Agreement”), and for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Seller, Seller hereby transfers and conveys to Buyer all right, title and interest of Seller in and to any equipment, machinery, furnishings, and other tangible personal property owned by Seller and located within or upon the Property (the “Personal Property”). The Personal Property expressly excludes the property of any tenant occupying space in the Property, any motorized vehicles and any property owned by any utilities company, property management company, or other third party. BY ACCEPTANCE OF THIS XXXX OF SALE, BUYER ACKNOWLEDGES AND AGREES THAT (A) BUYER HAS INSPECTED THE PERSONAL PROPERTY AND HAS SATISFIED ITSELF AS TO THE CONDITION OF SAME, AND (B) EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, BUYER ACCEPTS THE PERSONAL PROPERTY AS IS, WHERE IS, AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, FROM SELLER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, SELLER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PERSONAL PROPERTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. This Xxxx of Sale (i) will be governed by and construed in accordance with the laws of the State in which the Property is located applicable to contracts made and performed entirely therein; (ii) may be executed by the parties in one or more counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument; and (iii) is executed and delivered pursuant to, and is subject to the applicable terms and conditions of, the Purchase Agreement. [SIGNATURES COMMENCE ON THE NEXT PAGE]

SPECIAL WARRANTY DEED. KNOW ALL MEN BY THESE PRESENTSFor and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, that [IRET ENTITY]___________________, a ____________________ (“Grantor”), hereby grants and conveys to ____________________, a _________________ (“Grantor”) in consideration of One Dollar in hand paid by ________________, (“Grantee”) of ________ County and State of __________, does hereby grant, bargain, sell and convey unto the said Grantee), the following described premises situated real property located in the County of ___________ and State of Nebraska, to-wit: See Exhibit A. Together with all the tenements, hereditaments, and appurtenances thereunto belonging, and all the estate, right, title, interest, claim or demand whatsoever of the said _________ (Grantor) of, in, or to the same, or any part thereof: TO HAVE AND TO HOLD the above described premises unto the said grantees and to their heirs forever; and the said Grantor hereby covenants that Grantor is lawfully seized of such premises, said premises are free and clear of all liens and encumbrances, except those easements, restrictions and covenants of record, Grantor has legal power and lawful authority to convey the premises, and it does hereby covenant to WARRANT AND DEFEND the said premises against the lawful claims and demands of all persons claiming by, through, or under it, and against no other claims or demands. IN WITNESS WHEREOF we have hereunto set our hand this ___ day of ______, 20__. Grantor: IRET ENTITY By:_______________________________ STATE OF _____________) )ss. COUNTY OF ____________) The foregoing instrument was acknowledged before me on ___________ __, 20__ by _____________________, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said __________________. EAST\148676904. 7E-5 ______________________________ Notary Public My commission expires________________ EAST\148676904. 7E-6 NORTH DAKOTA LIMITED WARRANTY DEED This indenture, made this ______ day of _________________________, 201legally described as: See legal description set forth in Exhibit A attached and incorporated by this reference (the “Property”). together with all right, title and interest of Grantor in and to all improvements located on the Property; all easements, if any, benefiting the Property; and all rights, benefits, privileges and appurtenances pertaining to the Property. SUBJECT TO current real property taxes and all unpaid non-delinquent general and special taxes, bonds and assessments; all liens, covenants, conditions, reservations, rights, easements, interests, rights of way, and restrictions of public record; all leases and any other occupancy agreements in effect; all zoning ordinances and regulations and any other laws, ordinances or governmental regulations restricting or regulating the use, occupancy or enjoyment of the Property; and all matters visible upon or about the Property or that would be disclosed by an accurate survey of the Property. TO HAVE AND TO HOLD the Property unto said Grantee and its successors and assigns forever, and Grantor will warrant and defend the title to the Property conveyed hereby unto said Grantee against the lawful claims and demands of all claiming by, through and under Grantor, but no other. Dated this ___ between [IRET ENTITY], party day of the first part, and _______________, 201_________ party . GRANTOR: By: Name: Title: [ADD APPROPRIATE NOTARIAL ACKNOWLEDGMENT] EXHIBIT A LEGAL DESCRIPTION Agreement of the second part, whose post office address is ____________________________________________________________________ .Purchase and Sale Coyote Portfolio Agreement of Purchase and Sale Coyote Portfolio EXHIBIT C