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Florida Warranty Deed - From Trust - Sample
This Instrument Prepared by and Return to:
Lawrence S. Tolchinsky, Esq.
2100 E. Hallandale Beach Blvd. #200
Hallandale, Florida 33009
Property Appraisers Parcel Identification (Folio) Number: #
THIS WARRANTY DEED, made this _____day of October, 20__, by Columbia S., as Trustee under that certain Land Trust Agreement dated February 13, 20__, with Full Powers and Authority to protect, conserve, sell, lease, encumber, or otherwise manage and dispose of the real property described herein, of the County of Broward, State of Florida, Grantor*, to Carol B., TRUSTEE OF THE CAROL B. REVOCABLE TRUST AGREEMENT DATED APRIL 19, 20__, whose post office address is: xxxx N. Ocean Boulevard, #xxx, Pompano Beach, Florida, 33062 of the County of Broward, State of Florida, Grantee*.
Witnesseth: That said Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee and Grantee's successors, and assigns forever the following described land situate in the County of Broward, Florida, to wit:
Unit No. xxx, of 1500 Ocean Club, a Condominium, according to the Declaration of Condominium, recorded in Official Records Book 15xxx, at Page xxx, and all exhibits and amendments thereof, of the Public Records of BROWARD County, Florida.
And said Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever.
Subject to restrictions, reservations, easements and limitations of public record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years.
To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
Carol B., TRUSTEE OF THE CAROL B. REVOCABLE TRUST AGREEMENT DATED APRIL 19, 20__, shall have the power and authority to protect, conserve, and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property conveyed by this deed.
If Carol B. cannot continue to serve as Trustee, then the successor Trustees shall be Carly B. and Michael B., acting jointly.
All successor Trustees are hereby granted the power to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property conveyed by this deed.
The powers of the Trustees and all Successor Trustees shall extend to any and all rights which the Grantor possess in the above described real property; any deed, mortgage, or other instrument executed by the Trustee shall convey all rights or interests of the Grantors including homestead; and the Trustee is appointed as the attorney-in-fact for the Grantor to carry out this intent, which appointment shall be durable and shall not be affected by the incapacity of the Grantor.
Any person dealing with the Trustee shall deal with said Trustee in the order as set forth above. However, no person shall deal with a Successor Trustee until one or more of the following have been received by said person or placed of record in the aforementioned county:
A. The written resignation of the prior Trustee sworn to and acknowledged before a notary public.
B. A certified death certificate of the prior Trustee.
C. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason.
D. The written certificates of two physicians currently practicing medicine that the Trustee is physically or mentally incapable of handling the duties of the Trustee.
E. The written removal of a Successor Trustee and/or the appointment of an additional Successor Trustee by the Grantor sworn to and acknowledged before a notary public; this right being reserved to the Grantor.
Signed, Sealed and Delivered in the Presence of:
Columbia S. as Trustee under that certain Land Trust Agreement dated February 13, 20__
1500 N. Ocean Drive, #xxx
Pompano Beach, Florida, 33062
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this ____ th day of October, 20__, by Columbia S. as Trustee under that certain Land Trust Agreement dated February 13, 20___, who is personally known to me (yes or no) or who has produced ________________________, as identification.
Notary Public, State of Florida
My commission expires:
This document is a sample Warranty Deed and should not be used for any real estate matter or otherwise. This form is being provided for illustrative purposes only and should not be relied upon as legal advice. We recommend and urge you to consult with an experienced real estate lawyer for professional advice as each case is unique and the law is always changing. All Rights Reserved.