Warranty Deed with
Vendor’s Lien
This Warranty Deed with Vendor’s Lien is intended to be used when an Individual fully
ocstoc Legal Agreements
warrants clear title to the property, free from any encumbrances, but the Deed is secured by
the vendor’s lien to take the property back if payment is not made in full.
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Attorney Drafted
WARRANTY DEED WITH VENDOR’S LIEN
This Warranty Deed With Vendor’s Lien ("Deed") is made and effective this ______ [Month]
____[ Date], 20___, by and between ____________________ [Instruction: Insert the name of
Grantor], having principle place of residence at __________________________________
[Instruction: Insert the address of Grantor] (hereinafter referred to as "Grantor") and between
____________________ [Instruction: Insert the name of Grantee], having principle place of
residence at __________________________________ [Instruction: Insert the address of
Grantee] (hereinafter referred to as "Grantee").
AND, for and in consideration of the sum of ________ ($___) [Ten dollars only ($10)]
[Instruction: Insert the consideration amount, for E.g. Ten Dollars ($10)] , and other
valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt
of which is hereby acknowledged, the payment of which note is secured by the vendor’s lien
herein retained, has granted, sold and conveyed, and by these presents does grant, sell and
convey Grantee, all of Grantor’s right, title and interest in and to the real property described as
follows:
[Instructions: Insert legal description of the property E.g. - Residential or Commercial]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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[Instructions: Insert street address of property]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
To have and to hold, together with all and singular, the rights and appurtenances thereto and
anywhere belonging forever.
Grantor does hereby bind [himself or herself] and [his or her] heirs, executors, administrators and
assigns to warrant and forever defend all and singular, the premises to the Grantee and [his or
her] heirs and assigns, against every person lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed: (1) that the Vendor’s Lien, as well as Superior Title in and to the
above described Property, is retained against the above described property, premises and
improvements until the above described note and all interest thereon are fully paid according to
the face, tenor, effect and reading thereof, when this Deed shall become absolute; and (2)
Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the
purchase price of the herein described property as is evidenced by the hereinabove described
note, the Vendor’s Lien, together with the Superior Title to said property, is retained.
It is further acknowledged that for the current year taxes have been prorated and their payment is
assumed by Grantee. This deed is further made subject to any and all valid and subsisting
restrictions, easements, rights-of-way, reservations, maintenance charges, together with any Lien
securing the maintenance charges, zoning laws, ordinances of municipal or other governmental
agencies or authorities, and conditions and covenants, if any, applicable to and enforceable
against the property described above as shown by the records of the county clerk
_________________________ [Instructions: Insert name of the county]
This Deed, however, is made and accepted subject to any and all restrictions, easements,
covenants and conditions, if any, relating to the hereinabove described property as the same are
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filed for record in the real property records of _________________________ [Instructions:
Insert name of the county], South Dakota.
Words of any gender used in this deed shall be held and construed to include any other gender,
and words in the singular number shall be held to include the plural, and vice versa, unless the
context requires otherwise. If this Deed is executed by or to a corporation or trustee the words
"heirs, executors, and administrators" or "heirs and assigns" shall, with respect to the corporation
or trustee, be construed to mean "successors and assigns”.
Signed on ______ [Month] ____ [ Date], 20___,
___________________________________
[Instruction: Insert the name of Grantor]
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ACKNOWLEDGMENT
This instrument was acknowledged before me on ______ [Month] ____ [Date], 20___, by
_________________________________________________________________________.
Notary Public, State of South Dakota.
______________________________________
[Instruction: Insert Notary's typed or printed name]
Notary's commission expires: ______ [Month] ____ [Date], 20___,.
[Instruction: Insert the date of expiry of Notary's Commission]
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