(1) Special warranty deeds may be in the following form:
______________________________________________________________________________
_____, Grantor, conveys and specially warrants to _____, Grantee, the following described real property free of encumbrances created or suffered by the grantor except as specifically set forth herein: (Describe the property conveyed.)
(If there are to be exceptions to the covenants described in ORS 93.855 (2), here insert such exceptions.)
(Following statement of exceptions, here insert statement required under ORS 93.040 (1).)
The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS 93.030.)
Dated this _____ day of _____, 2___.
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(2) A deed in the form of subsection (1) of this section shall have the same effect as a warranty deed as described in ORS 93.850, except that the covenant of freedom from encumbrances shall be limited to those encumbrances created or suffered by the grantor and the covenant of warranty shall be limited to read: “That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through or under the grantor.”
(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed. [1973 c.194 §2; 1999 c.214 §2]
Section: Previous 93.800 93.802 93.804 93.806 93.808 93.810 93.850 93.855 93.860 93.865 93.870 93.905 93.910 93.913 93.915 NextLast modified: August 7, 2008