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WARRANTY DEED TO TRUSTEE
THISWARRANTY DEED TO TRUSTEE made this on this the ______day of ______, 2007 by «SHORT_SALES_PROPETY_OWNER_S», hereinafter called “Grantor”, to YOUR NAME OR INVESTOR NAME., as Trustee under that certain land trust dated ______, 2007 and numbered ______, (hereinafter referred to as “Trustee”) with full power and authority to protect, conserve and to sell, or to lease or to encumber, or to otherwise manage and dispose of the property located in «SHORT_SALES_COUNTY»County;
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten and No/100 ($10.00)Dollars and other good and valuable consideration, receipt of which is herebyacknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys andconfirms unto Trustee, all that certain land situate in «SHORT_SALES_COUNTY»County, Florida, and hereinafter legally described as follows:
County: «SHORT_SALES_COUNTY»County, Florida
Address: «SHORT_SALES_NAME», «SHORT_SALES_CITY», FL «SHORT_SALES_ZIP_CODE»
Legal Description:«SHORT_SALES_LEGAL_DESCRIPTION»
Parcel ID.No: «SHORT_SALES_FOLIO_NUMBER»
This conveyance is subject to:
1. Taxes and Assessments for the year 2007 and subsequent years.
2. Zoning and other governmental regulations.
TOGETHER with all the tenements, heriditaments and the appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the above described real estate in fee simple with the appurtenances upon the trust and for the purposes set forth in this Deed and in the Land Trust No. ______, dated ______(Trust Agreement).
Full power and authority granted to said Trustee, with respect to the said premises or any part of it, and at any time or times, to subdivide said premises or any part thereof, to dedicate parks, streets, highways or alleys and to vacate any subdivision or part thereof, and to resubdivide said property as often as desired, to contract to sell, to grant options to purchase, to sell on any terms, to convey either with or without consideration, to donate, to mortgage, pledge or otherwise encumber said property, or any part thereof, to lease said property or any part thereof, from time to time, in possession or reversion by leases to commence now or later, and upon any terms and for any period or periods of time and to renew or extend leases upon any terms and for any period or periods of time and to amend, change, or modify leases and the terms and provisions thereof at any time hereafter, to contract to make leases and to grant options to lease and options to renew or extend leases upon any terms and for any period or periods of time and to amend, change, or modify leases and the terms and provisions thereof at any time hereafter, to contract t make leases and to grant options to lease and options to renew leases and options to purchase the whole or any part of the reversion and to contract respecting the manner of fixing the amount of present or future renters, to partition or to exchange said property or any part thereof for other real or personal property, to grant easements changes of any kind, to release, convey or assign any right, title or interest in or about or easement appurtenant to said premises or any part thereof, and to deal with said property and every part thereof in all other ways and for such other considerations as it would be lawful for any person owning the same to deal with the same, whether similar to or different from the ways above specified, at any time or times hereafter.
Any contract, obligation, or indebtedness incurred, assumed, or entered into by the Trustee in connection with said property, shall be as Trustee of an expressed trust and not individually and the Trustee shall have no obligation whatsoever with respect to any such contract, obligation or indebtedness except only so far as the trust property in the actual possession of the Trustee shall be applicable for the payment and discharge thereof; and it shall be expressly understood that any representations, warranties, covenants, undertakings, and agreements hereinafter made on the part of the Trustee, while in form purporting to be the representations, warranties, covenants, undertakings, and agreements of said Trustee, are nevertheless made and intended not as personal representations, warranties, covenants, undertakings, and agreements by said Trustee, or for the purpose or with the intention of binding said Trustee personally, but are made and intended for the purpose of binding only the trust property specifically described herein, and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Trustee individually on account of any instrument executed by or on account of any representation, warranty, covenant, undertaking, or agreement of the said Trustee, either expressed or implied, all such personal liability, if any, being expressly waived and released and all persons and corporations whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing for record of this Deed.
In No Case shall any party dealing with the said trustee in relation to said premises, to whom said premises or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by said trustee, be obliged to see to the application of any purchase money, rent, or money borrowed or advanced on said premises, or be obliged to see that the terms of this trust have been complied with, or be obliged to inquire into the necessity or expediency of any act of said trustee, or be obliged or privileged to inquire into any of the terms of said trust agreement; and every deed, mortgage, lease or other instrument executed by said trustee in relation to said real estate shall be conclusive evidence in favor of every person relying upon or claiming under such conveyance, lease or other instrument, (a) that at the time of delivery thereof, the trust created by this Indenture and by said trust agreement was in full force and effect, (b) that such conveyance or other instrument was executed in full accordance of the trust’s conditions and limitation contained herein and in said trust agreement or in some amendment thereof and binding upon all beneficiaries thereunder and (c) that said trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument.
Any contract, obligation or indebtedness incurred or entered into by Trustee in connection with said property shall be as Trustee of an express trust and not individually and the Trustees shall have no obligations whatsoever with respect to any such contract,obligation or indebtedness except only as far as the trust property and funds in the actual possession of Trustee shall be applicable for the payment and discharge thereof; and it shall be expressly understood that any representations, warranties, covenants, undertakings and agreements hereinafter made on the part of the Trustee, while in form purporting to be the representations, warranties, covenants, undertakings and agreements of said Trustee, are nevertheless made and intended not as persona representations, warranties, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally, but are made and intended for the purpose of binding only the trust property specifically described herein; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the trustee individually on account of any instrument executed by or on account of any representation warranty, covenant, undertaking or agreement of the said Trustee, either expressed or implied, all such personal liability, if any, being expressly waived and released and all persons and corporations whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing for record of this Deed.
The Interest of each and every beneficiary hereunder and of all persons claiming under them or any of them shall be only in the earnings, avails, and proceeds arising from the sale or other disposition of said real estate, and such interest is hereby declared to be personal property. No beneficiary hereunder shall have any title or interest legal or equitable, in or to said real estate as such, but only an interest in the earnings, avails and proceeds thereof as aforesaid.
In the event of the death of the Trustee, the successor trustee under the trust agreement referred to above shall be TERRI ALDERMAN, and upon a recording in the public records of Palm Beach County, Florida, of a death certificate of the Trustee or of any successor trustee, title to the land described herein shall be deemed to be held by the successor trustee and to pass to the successor trustee without the requirement of recording any further or additional documents.
This deed is given and accepted in accordance with Section 689.071, Florida Statutes. The Trustee shall have no personal liability whatsoever for action as trustee under the trust agreement referred to above or by virtue of taking title to the land described above and the sole liability of Trustee hereunder shall be limited to the property which the Trustee holds under the trust agreement referred to above.
And the Grantor by this Deed fully warrants and covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple title in regards to the above-described real estate and will defend the title against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. "Grantor", "Grantee", "Trustee”, and "Beneficiary" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written.
Signed, sealed and delivered in the presence of:
______
GRANTOR: «SHORT_SALES_PROPETY_OWNER_S»
______
GRANTOR: ______
STATE OF FLORIDA:
COUNTY OF BROWARD:
I hereby certify that the THE FOREGOING INSTRUMENT was acknowledged before me this the _____ day of ______, 2007 by the executing party or parties, «SHORT_SALES_PROPETY_OWNER_S»,and ______described as the Grantor(s) above and herein and who personally appeared, or is known to me, and/or has been identified to me on the basis of satisfactory evidence, in the form of the following identification:______to be the person whose name appears within instrument and acknowledged to me that executed the same.
by ______
(Notary Name)
My Commission Expires: ______
Irrevocable Limited Power of Attorney To Convey Real Estate
I / WE, «SHORT_SALES_PROPETY_OWNER_S», and ______as the Grantor(s) whose address is «SHORT_SALES_NAME»«SHORT_SALES_CITY» FL «SHORT_SALES_ZIP_CODE», «SHORT_SALES_COUNTY»County in the State of Florida, do hereby irrevocably nominate, constitute and appoint YOUR NAME OR INVESTOR NAME., whose mailing address is YOUR ADDRESS OR INVESTOR ADDRESS, as my true and lawful Attorney-In-Fact, to act in my name, place and stead and to enter into any contract or contracts for the sale, transfer, conveyance, management, lease, option assignment, mortgage or encumbrance of land of my real property or any part thereof located in ______County, Florida, more particularly described as follows:
County: «SHORT_SALES_COUNTY»County, Florida
Address: «SHORT_SALES_NAME»«SHORT_SALES_CITY», FL «SHORT_SALES_ZIP_CODE»
Legal Description: «SHORT_SALES_LEGAL_DESCRIPTION»
Parcel ID. No: «SHORT_SALES_FOLIO_NUMBER»
For such price and on such terms and conditions as he, my Attorney-In-Fact shall deem proper, and to collect and/or receive any proceeds on my behalf or on behalf of his successors and assigns or whomever person or whatever entity he deems proper.
In addition to the general powers to enter into a contract or contracts to sell, transfer, convey, manage, lease, option, assign, mortgage or encumber the aforementioned real estate, this Irrevocable Power of Attorney To Convey Real Estate also includes, but is not limited to:
1. The power to make gifts of the aforementioned property.
2. The power to create a trust and convey the aforementioned property into that trust or any trust.
3. The power to disclaim any interest in the aforementioned property.
4. The power to renounce fiduciary positions regarding the aforementioned property.
5. The power to withdraw and receive the income or corpus of a trust in which the aforementioned property is an asset.
I further irrevocably authorize my named Attorney-In-Fact to enter into any contract or contracts for the sale, transfer, conveyance, management, lease, option, assignment, mortgage or encumbrance of land of the aforementioned Property, or any part thereof, with such persons or persons, entity or entities and on such terms as my Attorney-In-Fact shall in his discretion determine, and to execute, acknowledge, and deliver in my name such instruments of conveyance with such covenants and conditions as he shall deem proper that may be required for the sale, transfer, conveyance, management, lease, option, assignment, mortgage or encumbrance of the aforementioned Property or any part thereof or interest therein.
I further irrevocably authorize my named Attorney-In-Fact to grant, bargain, sell, transfer, convey all of my interest in the real property or any part thereof, located at and as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as the "Property").
My Attorney in Fact is authorized to take all steps to sell and convey said property for consideration as he shall deem fit, and he is hereby expressly authorized to execute, acknowledge and deliver in my name, any sale and purchase contract or agreement, deeds or conveyances, closing statements, affidavits, receipts, applications, contracts and any other documents necessary to properly transfer all or any part of my interest in the Property, with such persons, and on such terms as my Attorney in Fact shall in his sole discretion deem proper, and that may be required for the transfer of the Property or any part thereof or any interest therein and further, to receive the proceeds from any such sale, if there shall be any.
In extension and not in limitation of the power given by the foregoing power, I confer upon my said Attorney in Fact the following powers:
- To execute in my name, place and stead, seal and deliver any and all instruments necessary to carry out the foregoing power and no one dealing with my said Attorney in Fact need inquire into the validity of his acts;
- To do and perform any other act in my name, place and stead that should be done and performed, or in the sole opinion of my Attorney in Fact should be done and performed, in and about the performance of the foregoing power, as fully and effectively as if I were personally present, the undersigned hereby ratifying and confirming all that the said may do by virtue hereof.
This power of attorney shall remain in full force and effect commencing on the date hereof and continuing until either the completion of all acts necessary to consummate the above-mentioned transfer of said property including execution and filing of record of all necessary and proper documents and instruments, cancellations of existing indebtedness, and receipt of all monies due under, pursuant to, or by reason of said sale or the property being sold at a foreclosure auction pursuant to any active foreclosure proceedings,x whichever comes first.
I hereby give, grant and convey unto my said Attorney in Fact full and sole power and authority in and about the Property and generally to do and perform all and every act and acts, thing and things, device and devices, in Law whatsoever needful and necessary to be done in and about the Property for the aforesaid purposes or acts; and for me and in my name to do, execute and perform, as largely and amply, to all intents and purposes, as I might or could do if I were personally present; and as attorney, or attorneys under me for the purpose aforesaid. I hereby ratify and confirm all that my said Attorney in Fact and substitute shall lawfully do by virtue hereof. I specifically approve, ratify and confirm all acts by my Attorney in Fact under this Power of Attorney.
Whenever the terms “convey” or “conveyance” is used throughout this document it shall be in accordance with, but not limited to the meaning of those terms as defined by Black VI Law Dictionary to wit:
Convey: To transfer or deliver to another. To pass or transmit the title to property from one to another. To transfer property or the title to property by deed, bill of sale, or instrument under seal. Used popularly in sense of “assign,” “sale,” or “transfer.” See Conveyance.
Conveyance: /kenvéyens/. In its most common usage, transfer of title to land from one person, or class of persons, to another by deed. Term may also include assignment, lease, mortgage or encumbrance of land. Generally, every instrument in writing by which an estate or interest in realty is created.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written.
Signed, sealed and delivered in the presence of:
______
«SHORT_SALES_PROPETY_OWNER_S»
Grantor of Irrevocable Limited Power of Attorney
______
Other Property Owner
Grantor of Irrevocable Limited Power of Attorney
STATE OF FLORIDA:
COUNTY OF BROWARD:
I hereby certify that the THE FOREGOING INSTRUMENT was acknowledged before me this the _____ day of ______, 2007 by the executing party or parties, «SHORT_SALES_PROPETY_OWNER_S», and ______described as the Grantor(s) above and herein and who personally appeared, or is known to me, and/or has been identified to me on the basis of satisfactory evidence, in the form of the following identification:______to be the person whose name appears within instrument and acknowledged to me that executed the same.
by ______
(Notary Name)
My Commission Expires: ______