[{"id":"bd016759-f473-4c4c-9857-3f9f449ab631","order":1,"text":"RECORDING REQUESTED BY:","fontSize":"11","textAlign":"left","bold":true,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"4a3037b6-8348-4cd4-8377-fa016b7098d2","order":2,"text":"[Full legal name of the Transferor]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3c0380c8-9b85-4b6d-8dc2-d6e1671e587c","order":3,"text":"AND WHEN RECORDED MAIL THIS DEED TO:","fontSize":"11","textAlign":"left","bold":true,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"f669c7b4-3045-4bf1-8e52-e8df96893671","order":4,"text":"[Name of the person to whom the recorded deed is to be returned]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true},{"id":"59f4f080-d673-4c0b-8067-494e916bb0dd","order":5,"text":"[Mailing address]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"26722de9-bf06-4387-b618-2d264710f43f","order":6,"text":"Assessor Parcel Number / Tax Parcel Identification Number: [APN or tax parcel number]","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"748960dd-0f76-49cc-8164-59aa2d5c6ed5","order":7,"text":"This instrument transfers no present interest in real property and is exempt from documentary transfer tax; no consideration has been paid.","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"f4c7049b-e358-465a-8409-c5d0da039071","order":8,"text":"This instrument is exempt from documentary transfer tax under Cal. Rev. & Tax. Code § 11930 and is exempt from the preliminary change of ownership report under Cal. Rev. & Tax. Code § 480.3.","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"e98ff186-9ed1-4678-bcbf-889f83c3b7c4","order":9,"text":"SPACE ABOVE THIS LINE IS RESERVED FOR THE RECORDER","fontSize":"10","textAlign":"center","bold":false,"underline":false,"marginBottom":"22","cflou":false,"active":true},{"id":"36d9727b-cee8-41f9-b745-992cb1c0a165","order":10,"text":"REVOCABLE TRANSFER ON DEATH DEED","fontSize":"20","textAlign":"center","bold":true,"underline":true,"marginBottom":"6","cflou":false,"active":true,"marginTop":"10"},{"id":"bdec1615-f58f-44ac-8ea4-1e51fa11551f","order":11,"text":"(Beneficiary Deed — a nontestamentary instrument transferring real property effective only at the death of the owner)","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"893437a1-a1e2-47de-a926-71bb583b2eee","order":12,"text":"IMPORTANT NOTICE TO THE TRANSFEROR","fontSize":"14","textAlign":"center","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true},{"id":"3bab6515-a1d8-46dd-adf2-b10fdbab315c","order":13,"text":"THIS DEED HAS NO EFFECT UNLESS IT IS RECORDED IN THE PUBLIC LAND RECORDS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED BEFORE THE DEATH OF THE TRANSFEROR. SIGNING AND NOTARIZING THIS DEED IS NOT ENOUGH. THE DEED MUST BE RECORDED.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"ed2695a5-c505-4def-bc8c-42b1cc067087","order":14,"text":"BECAUSE THE PROPERTY IS LOCATED IN CALIFORNIA, THIS DEED IS NOT EFFECTIVE UNLESS IT IS RECORDED ON OR BEFORE 60 DAYS AFTER THE DATE IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC, AND UNLESS IT IS ALSO SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME. SEE CAL. PROB. CODE §§ 5624 AND 5626.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"90cf9169-df74-42d4-8264-4b5e9d260380","order":15,"text":"BECAUSE THE PROPERTY IS LOCATED IN TEXAS, THIS DEED IS NOT EFFECTIVE UNLESS IT IS RECORDED IN THE DEED RECORDS OF THE COUNTY CLERK OF THE COUNTY WHERE THE PROPERTY IS LOCATED BEFORE THE DEATH OF THE TRANSFEROR. SEE TEX. EST. CODE § 114.055.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"772ed5a0-ce50-46ad-b55a-794bfbbfe765","order":16,"text":"A transfer on death deed operates only where the law of the State in which the property is located authorizes it. Roughly two thirds of the States and the District of Columbia have enacted such legislation, most of them on the model of the Uniform Real Property Transfer on Death Act (2009); the remaining States have not. Before signing or recording this deed the Transferor should confirm, with the county recording office or with an attorney licensed in that State, that transfer on death deeds are authorized there and that this instrument meets the requirements of that law. This deed does not revoke or replace a will, a trust or any other estate planning instrument, and it does not affect property other than the property described below.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"38e4c408-75ee-474b-8ddb-a773e1089a12","order":17,"text":"This deed is revocable. The Transferor may revoke it at any time before death, without the consent or knowledge of any beneficiary, in the manner described in the Article of this deed entitled RIGHT TO REVOKE THIS DEED. A will cannot revoke a recorded transfer on death deed.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"22","cflou":false,"active":true},{"id":"c6b05798-d09f-4f55-949e-f23d5c987fde","order":18,"text":"THIS REVOCABLE TRANSFER ON DEATH DEED is made on [Date of signature] by [Full legal name of the Transferor], whose mailing address is [Mailing address of the Transferor] (the "Transferor").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0898f283-799c-4d7f-807f-2a644dacb103","value":"two","type":"remove","operator":"="}]},{"id":"3e27c043-4bd8-4e62-84ac-eb1af83efcc8","order":19,"text":"THIS REVOCABLE TRANSFER ON DEATH DEED is made on [Date of signature] by [Full legal name of the first Transferor], whose mailing address is [Mailing address of the first Transferor], and by [Full legal name of the second Transferor], whose mailing address is [Mailing address of the second Transferor] (individually and collectively, the "Transferor").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0898f283-799c-4d7f-807f-2a644dacb103","value":"one","type":"remove","operator":"="}]},{"id":"6c1051f5-92d8-4b6d-9642-b7bbac00d44d","order":20,"text":"WHEREAS the Transferor owns an interest in the real property described in the Article of this deed entitled THE PROPERTY, and holds title to that property in sole ownership;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"10821dc3-b6a2-44b4-bd65-d5c3658da6d9","order":21,"text":"WHEREAS the Transferor wishes to designate one or more beneficiaries to receive that interest at the death of the Transferor, so that the interest passes outside probate administration, while the Transferor retains complete ownership, possession and control of the Property during the lifetime of the Transferor;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"704fed34-c4f4-48c8-8471-ac0545d1ef9c","order":22,"text":"WHEREAS the law of the State authorizes the owner of an interest in real property to make that designation by a deed that is revocable, nontestamentary and effective only at the death of the owner, provided the deed is executed and recorded as that law requires;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"31090e77-2ac1-4d24-ac82-2f1c0836d7f9","order":23,"text":"NOW, THEREFORE, the Transferor declares, grants and covenants as follows.","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"f6fc1b1f-0f1a-4035-8ea5-a583824d56a3","order":24,"text":"1. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S01"},{"id":"e9c80644-f48d-4150-aa6b-0f8b27b50568","order":25,"text":"In this deed the following terms have the meanings given to them here. "Transferor" means the person or persons identified above as the Transferor, being the owner or owners of the interest in the Property conveyed by this deed. "Property" means the real property described in the Article entitled THE PROPERTY, together with all improvements, fixtures, appurtenances, rights of way, easements, mineral and water rights and other rights belonging to it. "State" means the State in which the Property is located, namely California. "County" means [County] County, in the State. "Recording Office" means the office of the county recorder, county clerk or other officer charged by the law of the State with recording instruments affecting title to real property in the County.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"36a61c27-1b9b-499a-a169-996c0cdcef6b","order":26,"text":""TOD Statute" means the statute of the State that authorizes transfer on death deeds, beneficiary deeds or deeds of like effect, together with every provision of the law of the State governing their execution, recording, revocation and effect, as in force at the death of the Transferor. "Primary Beneficiary" means the person or persons designated as such in the Article entitled TRANSFER ON DEATH AND DESIGNATION OF PRIMARY BENEFICIARY. "Alternate Beneficiary" means the person, if any, designated as such by this deed to take in place of a Primary Beneficiary who fails to take. "Beneficiary" means, as the context requires, a Primary Beneficiary or an Alternate Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9c398586-236c-4f69-8af9-33d11221f0b7","order":27,"text":"The singular includes the plural and the plural the singular; words of one gender include every gender; and a reference to a person includes a natural person, a trust and any other legal entity capable of taking title to real property under the law of the State. Where two persons execute this deed as Transferor, every obligation, declaration and reservation expressed in this deed is made by each of them, and the interest conveyed is the whole of their combined interest in the Property. The headings of the Articles are for convenience only and do not affect construction. A reference to the spouse of the Transferor is a reference to the spouse of any person who executes this deed as Transferor. Cross references in this deed are made by the title of the Article referred to and not by number.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ce83470d-38d5-4139-a954-9af6a52501a8","order":28,"text":"This deed is to be construed, and every provision of it read down where necessary, so as to comply with the TOD Statute and to give effect to the intention of the Transferor that the Property pass to the Beneficiary at the death of the Transferor without probate administration of that interest.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f3d123c1-4bcf-49a2-8d41-3f4729651bcf","order":29,"text":"2. STATUTORY AUTHORITY AND STATE-SPECIFIC PROVISIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S02"},{"id":"157543ef-2e8d-403c-a968-6e8ae1c1fd0c","order":30,"text":"This deed is made under, and is intended to satisfy the requirements of, the TOD Statute. THE TRANSFER OF THE INTEREST OF THE TRANSFEROR IN THE PROPERTY TO THE BENEFICIARY IS TO OCCUR AT THE DEATH OF THE TRANSFEROR. That declaration is made expressly and is an operative term of this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b5f9bae3-fed5-4121-a25a-2e842f126e58","order":31,"text":"The Property is located in California. This deed is made under Part 4 of Division 5 of the California Probate Code (Cal. Prob. Code §§ 5600 to 5698) and is intended to be substantially in the form prescribed by Cal. Prob. Code § 5642. Any provision of this deed that is inconsistent with that Part is to be read as conforming to it, and if it cannot be so read it is severed under the Article entitled GOVERNING LAW, SEVERABILITY AND ENTIRE INSTRUMENT without affecting the remainder of this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"e45fe086-6157-4447-ad0f-3a2fcad673d7","order":32,"text":"Under Cal. Prob. Code § 5624 this deed is not effective unless it is signed and dated by the Transferor, signed by two witnesses who were present at the same time and who witnessed either the signing of the deed or the acknowledgment by the Transferor that the Transferor had signed it, and acknowledged before a notary public. Under Cal. Prob. Code § 5626 the deed is not effective unless it is recorded on or before 60 days after the date it was acknowledged before a notary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"5273d0e5-6075-4055-98ed-1a9ea1f57685","order":33,"text":"Under Cal. Prob. Code § 5610 a revocable transfer on death deed may be used only for a parcel of land improved with one to four residential dwelling units, or for a residential separate interest and its appurtenant common area in a common interest development; it may not be used for a parcel of agricultural land greater than 40 acres. The Transferor declares that the Property is of a kind to which that section applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"08f4a884-1bd8-4a0e-baf1-7792aaa5a038","order":34,"text":"Under Cal. Prob. Code § 5652 the interest of a beneficiary is contingent on that beneficiary surviving the Transferor; the interest of a beneficiary who fails to survive the Transferor lapses notwithstanding Cal. Prob. Code § 21110; where there is more than one beneficiary they take the Property as tenants in common in equal shares; and the share of a beneficiary that lapses or fails for any reason passes to the other beneficiaries in equal shares. Those rules are mandatory in California and prevail over any contrary provision of this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"abdafc9f-3a7c-4e09-a7d2-8451522942a7","order":35,"text":"The witnesses to this deed should be adults who are not named as beneficiaries. The Transferor is advised that Part 4 of Division 5 of the California Probate Code is presently subject to a statutory sunset, and that the availability of this instrument in California should be verified before it is signed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"7dd87d64-9b0e-4442-aee8-66928d926e6a","order":36,"text":"The Property is located in Texas. This deed is made under the Texas Real Property Transfer on Death Act, Chapter 114 of the Texas Estates Code (Tex. Est. Code §§ 114.001 to 114.152). Under Tex. Est. Code § 114.055 a transfer on death deed, to be effective, must contain the essential elements and formalities of a recordable deed, must state that the transfer of the interest in real property to the designated beneficiary is to occur at the death of the transferor, and must be recorded before the death of the transferor in the deed records in the office of the county clerk of the county where the real property is located.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"bd533557-bebb-4b48-9ee5-bf9aba555814","order":37,"text":"Under Tex. Est. Code § 114.054 a transfer on death deed may not be created or revoked by an agent acting under a power of attorney; the Transferor executes this deed personally. Under Tex. Est. Code § 114.056 this deed is effective without notice or delivery to, or acceptance by, any beneficiary during the lifetime of the Transferor and without consideration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"ac45c04f-144e-4c07-9e82-773a2e0c47fc","order":38,"text":"Under Tex. Est. Code § 114.103 the default rules are that a designated beneficiary must survive the Transferor by 120 hours; that the share of a designated beneficiary who fails to survive by 120 hours lapses and passes under Subchapter D of Chapter 255 of the Texas Estates Code as if this deed were a devise made in a will; and that concurrent interests are transferred in equal and undivided shares with no right of survivorship. Those default rules apply except as otherwise provided in this deed, and this deed provides otherwise where it expressly says so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"d873af78-220d-4655-953f-c71bb6892748","order":39,"text":"Under Tex. Est. Code § 114.103 this deed transfers the Property without covenant of warranty of title even if it contains a contrary provision, and where the Transferor is a joint owner with right of survivorship the deed is effective only if the Transferor is the last surviving joint owner. In Texas, the claims of creditors and the allowances dealt with in the Article entitled CLAIMS OF CREDITORS, EXPENSES OF ADMINISTRATION AND STATUTORY ALLOWANCES are governed by Tex. Est. Code §§ 114.104 and 114.106.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"ea0a63f7-54ca-4fe8-8f9e-d9e8e2cf354e","order":40,"text":"The Property is located in California. This deed is made under the TOD Statute of that State. Most States that authorize transfer on death deeds have done so on the model of the Uniform Real Property Transfer on Death Act (2009), under which such a deed must contain the essential elements and formalities of a properly recordable inter vivos deed, must state that the transfer to the designated beneficiary is to occur at the death of the transferor, and must be recorded before the death of the transferor in the public records of the office charged with recording instruments affecting title to real property in the county where the property is located. This deed is drawn to satisfy each of those requirements.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"remove","operator":"="},{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"remove","operator":"="}]},{"id":"bd884ca0-aa88-44f4-b80a-54871ad0d8a2","order":41,"text":"Section 13 of that uniform Act provides that the interest of a designated beneficiary is contingent on the beneficiary surviving the transferor and lapses if the beneficiary does not; that concurrent interests pass in equal and undivided shares with no right of survivorship; and that, where two or more designated beneficiaries take concurrent interests, the share of one that lapses or fails passes to the other or others in proportion to their interests. Those provisions apply except as otherwise provided in the deed itself, and this deed provides otherwise where it expressly says so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"remove","operator":"="},{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"remove","operator":"="}]},{"id":"8a8d8ac6-7c3c-4ca6-ac22-d1e8573cea19","order":42,"text":"Some States require additional formalities, such as attestation by one or more witnesses, a specific statutory form, a limitation on the type of property that may be transferred, or recording within a fixed period after acknowledgment. Where the law of the State imposes a formality of that kind, this deed is to be executed and recorded in accordance with it, and the Transferor is to satisfy that requirement before recording.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"remove","operator":"="},{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"remove","operator":"="}]},{"id":"aaef7d3c-d372-43e5-8977-ae9c711e7a54","order":43,"text":"3. THE PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S03"},{"id":"b9b6931d-573f-49c4-a1d7-fbd43e523ecb","order":44,"text":"The Property is situated in [County] County, State of California, and is commonly known as [Street address of the property].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"114c72d1-af6b-445d-bce6-4644c9ea5112","order":45,"text":"The Property is more particularly described as follows — [Legal description of the property, exactly as it appears on the deed by which the Transferor acquired it]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"97ffd7a2-6791-491b-a0b2-340bf9492dcf","order":46,"text":"Assessor parcel number or tax parcel identification number: [APN or tax parcel number]. The Transferor acquired title to the Property by the instrument recorded at [Book, page, document or instrument number of the prior deed] in the Recording Office, to which reference is made for a further description of the Property. Where the legal description set out above and the description contained in that recorded instrument differ, the description in the recorded instrument governs. Where the legal description is too long to be set out conveniently above, it may be attached to this deed as a schedule headed LEGAL DESCRIPTION, signed or initialed by the Transferor, and that schedule then forms part of this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd8d3de7-3231-40d2-82c0-4ee1dc05f0ca","order":47,"text":"This deed conveys the whole of the interest of the Transferor in the Property, and no more. It conveys no interest in any other real property and no interest in personal property, in bank or brokerage accounts, in insurance proceeds or in retirement benefits.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3c1db206-9ae8-4135-8e57-8cd8f60b7564","order":48,"text":"4. TRANSFER ON DEATH AND DESIGNATION OF PRIMARY BENEFICIARY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S04"},{"id":"57d89cbc-0ef1-4315-8c29-09185cc7bf4d","order":49,"text":"AT THE DEATH OF THE TRANSFEROR, the Transferor transfers, grants and conveys to the Primary Beneficiary all of the right, title and interest of the Transferor in and to the Property, whether legal or equitable, vested or contingent, and whether owned at the date of this deed or acquired afterwards, subject to the terms of this deed and to the TOD Statute. THE TRANSFER TO THE PRIMARY BENEFICIARY IS TO OCCUR AT THE DEATH OF THE TRANSFEROR AND AT NO EARLIER TIME.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"16f85494-6758-46ff-81dc-423c90afa7bd","order":50,"text":"The Primary Beneficiary is [Full legal name of the Primary Beneficiary], [Relationship to the Transferor], whose mailing address is [Mailing address of the Primary Beneficiary].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"two","type":"remove","operator":"="}]},{"id":"08fc5de1-bff0-40b9-ae5d-cdffedb4fa39","order":51,"text":"The Primary Beneficiaries are [Full legal name of the first Primary Beneficiary], [Relationship to the Transferor], whose mailing address is [Mailing address of the first Primary Beneficiary]; and [Full legal name of the second Primary Beneficiary], [Relationship to the Transferor], whose mailing address is [Mailing address of the second Primary Beneficiary].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"one","type":"remove","operator":"="}]},{"id":"191f8c90-c9e8-4622-bdb5-377991e242ce","order":52,"text":"Each Beneficiary is designated by full legal name. No Beneficiary is designated by class, by description or by reference to a relationship alone, and any statement of relationship in this deed is made for identification only and does not qualify, enlarge or limit the designation. The interest of a Beneficiary is not conditional on any act, payment or forbearance by that Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e9900bb8-6973-49a8-a0e0-78f128fe8a07","order":53,"text":"Where a Beneficiary is a trust, the designation is to be read as a designation of the trustee for the time being of that trust, who takes as trustee and not beneficially, and the trust is to be identified by its full name and by the date of the instrument creating it. Where a Beneficiary is a corporation, a limited liability company, a partnership, a church or a charity, the designation is to be read as a designation of that entity by its correct legal name, and the entity takes subject to any restriction on its capacity to hold real property imposed by the law of the State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"804cdf32-4eb5-4162-8df8-cd58d98fb89e","order":54,"text":"The designation made by this deed is not affected by any change in the marital status of the Transferor or of a Beneficiary except as provided in the Article entitled EFFECT OF DIVORCE, DISSOLUTION OF MARRIAGE AND HOMICIDE, and it may otherwise be changed only in the manner described in the Article entitled RIGHT TO REVOKE THIS DEED.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d6db1fc2-efdc-4944-b839-fda535d21708","order":55,"text":"5. SHARES OF CONCURRENT PRIMARY BENEFICIARIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S05","displayConditions":[{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"one","type":"remove","operator":"="}]},{"id":"fa159575-d79b-4001-8e0b-5ab15bb03645","order":56,"text":"The Primary Beneficiaries take the Property as tenants in common, in equal and undivided shares, with no right of survivorship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"one","type":"remove","operator":"="}]},{"id":"aeddd17f-ce40-4b03-9411-1b3a3f877d7b","order":57,"text":"Where the Primary Beneficiaries take as tenants in common, each of them takes an equal and undivided share, and neither of them has any right of survivorship in the share of the other. Where they take as joint tenants with right of survivorship, and where the law of the State permits a transfer on death deed to create such a tenancy, the survivor of them takes the whole of the Property on the death of the other. If the law of the State does not permit a transfer on death deed to create a right of survivorship between beneficiaries, the Primary Beneficiaries take as tenants in common in equal and undivided shares.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"one","type":"remove","operator":"="}]},{"id":"f4677f3a-b739-4d3c-8123-caaa5cf4ab39","order":58,"text":"Because the Property is located in California, Cal. Prob. Code § 5652 applies and is mandatory: the Primary Beneficiaries take the Property as tenants in common in equal shares, no right of survivorship and no unequal division may be created between them by this deed, and the share of a Primary Beneficiary that lapses or fails for any reason passes to the other Primary Beneficiary. Any provision of this deed to the contrary has no effect in California.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="},{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"one","type":"remove","operator":"="}]},{"id":"ae133008-bfb5-421b-bc40-689e29d77c72","order":59,"text":"6. ALTERNATE BENEFICIARY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S06","displayConditions":[{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"remove","operator":"="}]},{"id":"fdcc3b1a-cfb9-4996-8782-084da64f5916","order":60,"text":"If a Primary Beneficiary fails to survive the Transferor as required by the Article entitled SURVIVAL REQUIREMENT AND LAPSE, or if the interest of a Primary Beneficiary lapses, is disclaimed or fails for any other reason, the share of that Primary Beneficiary passes instead to [Full legal name of the Alternate Beneficiary], [Relationship to the Transferor], whose mailing address is [Mailing address of the Alternate Beneficiary] (the "Alternate Beneficiary"), if the Alternate Beneficiary survives the Transferor as that Article requires.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"remove","operator":"="}]},{"id":"53bee455-e848-442c-a7bd-debb5291889e","order":61,"text":"Where two Primary Beneficiaries have been designated and only one of them fails, the share of the one who fails passes first to the surviving Primary Beneficiary and passes to the Alternate Beneficiary only if no Primary Beneficiary survives the Transferor. The Alternate Beneficiary takes no interest of any kind if a Primary Beneficiary survives the Transferor and does not disclaim.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"remove","operator":"="},{"field":"f38ff472-d309-4b60-820f-63ad858b5b62","value":"one","type":"remove","operator":"="}]},{"id":"e39b5bc1-15f5-4d64-972e-b8695ae1760b","order":62,"text":"This designation of an Alternate Beneficiary is made expressly in place of any statutory rule of substitution or anti-lapse that would otherwise apply to this deed, and the Transferor intends that no descendant, heir, devisee or personal representative of a Primary Beneficiary take by substitution under any such rule. If no Primary Beneficiary and no Alternate Beneficiary survives the Transferor, this deed has no effect and the Property passes under the will of the Transferor or, if there is none, under the law of intestate succession of the State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"remove","operator":"="}]},{"id":"137eaf89-e96c-4f98-b396-4d99fff6a474","order":63,"text":"Because the Property is located in California, the Transferor is advised that the statutory form of revocable transfer on death deed prescribed by Cal. Prob. Code § 5642 makes no provision for an alternate beneficiary, and that under Cal. Prob. Code § 5652 the share of a beneficiary that lapses passes to the other named beneficiaries in equal shares rather than to an alternate. This designation is included for the avoidance of doubt and takes effect only so far as the law of California allows.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="},{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"remove","operator":"="}]},{"id":"6dc5d304-0980-4301-8108-18cd314d5447","order":64,"text":"7. SURVIVAL REQUIREMENT AND LAPSE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S07"},{"id":"fba8ba34-6546-4db2-8f25-9a368409f778","order":65,"text":"The interest of every Beneficiary is contingent on that Beneficiary surviving the Transferor by 120 hours. A Beneficiary who does not survive the Transferor by 120 hours is treated for the purposes of this deed as having predeceased the Transferor, and the interest of that Beneficiary lapses. Where two persons execute this deed as Transferor, the survival period runs from the death of the last of them to die.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c226795f-b658-44d6-9e78-f6b0a90a2662","order":66,"text":"Where a Beneficiary is a trust, the trust must be in existence at the death of the Transferor for the designation to take effect. Where a Beneficiary is a corporation or other legal entity, the entity must be in existence at the death of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7b2a923e-e465-4e28-991f-618dce4d35b3","order":67,"text":"The order in which a lapsed share passes is as follows: first to any surviving Primary Beneficiary, in equal and undivided shares where there is more than one; then, if no Primary Beneficiary survives, to the Alternate Beneficiary if one has been designated and survives; and then, if no Beneficiary survives, the transfer fails and the Property passes under the will of the Transferor or under the law of intestate succession of the State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"972d04d1-0f43-4f98-80f1-68e8132db9a1","order":68,"text":"Where the Transferor and a Beneficiary die in circumstances in which it cannot be established by clear and convincing evidence that the Beneficiary survived the Transferor by 120 hours, the Beneficiary is treated as having failed to survive the Transferor, and the rule of survival stated in this Article applies in place of any contrary presumption of survivorship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8c12c1d4-ae29-4d81-a895-d4bf9a945844","order":69,"text":"No Alternate Beneficiary has been designated by this deed. Where a Primary Beneficiary fails to survive the Transferor and no other Primary Beneficiary survives, the share of that Primary Beneficiary passes as the law of the State directs. In some States a statutory anti-lapse rule passes that share to the descendants of the Primary Beneficiary; in others the share simply lapses and the Property passes through the estate of the Transferor and so through probate. Designating an Alternate Beneficiary is the surest way of avoiding that outcome.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"add","operator":"="}]},{"id":"d2ce0ec8-d714-4815-92bc-c98b0714d5e1","order":70,"text":"Because the Property is located in Texas, the Transferor declares expressly, as Tex. Est. Code § 114.103 permits the deed to provide, that Subchapter D of Chapter 255 of the Texas Estates Code is not to apply to this deed, and that the order of substitution set out in this Article, ending with the Alternate Beneficiary, governs the passing of any lapsed share.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="},{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"no","type":"remove","operator":"="}]},{"id":"9be1f4ec-032b-4002-85ff-9ce6e1422f70","order":71,"text":"Because the Property is located in Texas and no Alternate Beneficiary has been designated, the default rule of Tex. Est. Code § 114.103 is left to operate, so that the share of a Primary Beneficiary who fails to survive the Transferor by 120 hours lapses and passes in accordance with Subchapter D of Chapter 255 of the Texas Estates Code as if this deed were a devise made in a will.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="},{"field":"b65919be-8d7d-4993-bd4c-dfc68ba5e66d","value":"yes","type":"remove","operator":"="}]},{"id":"2e2751e7-48f4-47d4-96ca-c66d7e0d8fbb","order":72,"text":"8. A BENEFICIARY WHO IS A MINOR OR UNDER A LEGAL DISABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S08"},{"id":"2a5595c8-9d07-4276-ad91-7bb37ad4ed49","order":73,"text":"In most States a minor cannot take and hold legal title to real property without the appointment by a court of a guardian or conservator of the estate of the minor. Property that passes to a minor under this deed may therefore fall under a court supervised guardianship until the minor attains the age of majority, and that result would defeat much of the purpose of this deed, which is to pass the Property without court administration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b7c8c0b8-b4bc-465d-98d7-9a915ceebd5a","order":74,"text":"To avoid that result, the Transferor nominates [Full legal name of the custodian], whose mailing address is [Mailing address of the custodian], as custodian to receive, hold, manage and deliver, under the Uniform Transfers to Minors Act of the State, the interest of any Beneficiary who has not attained the age of twenty-one years at the death of the Transferor, so far as that Act permits such a nomination to be made by a transfer on death deed. If the person so nominated is unable or unwilling to act, or ceases to act, the custodian is to be the person appointed as custodian by a court of competent jurisdiction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"a8ea5b34-f9a9-4157-bc9e-2e8cc251ef19","value":"no","type":"remove","operator":"="}]},{"id":"b291f3c0-31a0-4aa9-9d59-d032bf714ad9","order":75,"text":"No custodian has been nominated by this deed. If a Beneficiary is a minor at the death of the Transferor, the interest of that Beneficiary vests in the minor subject to whatever guardianship, conservatorship or custodial arrangement the law of the State requires, and an application to a court may be necessary before the Property can be sold, mortgaged or insured. The Transferor is advised that nominating a custodian under the Uniform Transfers to Minors Act, or naming a trust rather than a minor as Beneficiary, avoids that difficulty.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"a8ea5b34-f9a9-4157-bc9e-2e8cc251ef19","value":"no","type":"add","operator":"="}]},{"id":"e1270eb5-d37f-418b-99bf-82d7698f08eb","order":76,"text":"If a Beneficiary is under a legal disability at the death of the Transferor, the interest of that Beneficiary is to be received and administered by the conservator, guardian, agent under a durable power of attorney or other fiduciary authorized by the law of the State to act for that Beneficiary, and this deed does not enlarge or restrict the powers of that fiduciary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6fc69500-9055-4774-96d6-f9b2a7874bf7","order":77,"text":"9. EFFECT OF DIVORCE, DISSOLUTION OF MARRIAGE AND HOMICIDE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S09"},{"id":"9931d2a6-4608-45c9-899f-e6ba51c859cc","order":78,"text":"Where a Beneficiary is the spouse of the Transferor at the date of this deed and the marriage is afterwards dissolved, annulled or declared void before the death of the Transferor, the designation of that former spouse is revoked by operation of law in every State whose law so provides, and the interest that would have passed to the former spouse passes as if the former spouse had failed to survive the Transferor. Where the law of the State contains no such rule, the designation stands unless and until the Transferor records a revocation or a later transfer on death deed. The Transferor should review this deed after any marriage, dissolution of marriage, birth, adoption, or death in the family of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0caba47e-92a3-4d2f-b83f-73e96f936325","order":79,"text":"Because the Property is located in Texas, the effect on this deed of the dissolution of a marriage between the Transferor and a designated beneficiary is governed by Tex. Est. Code § 114.057, which also governs the effect of a will on a transfer on death deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"82000151-3232-4584-a16c-2aa8cd35298b","order":80,"text":"A Beneficiary who feloniously and intentionally kills the Transferor, or who is otherwise disqualified by the law of the State from taking property from a person whose death that Beneficiary has caused, forfeits every interest under this deed and is treated as having failed to survive the Transferor, whether that result follows from a statute of the State or from the imposition of a constructive trust. A Beneficiary who is found by a court to have subjected the Transferor to financial abuse, undue influence or elder abuse forfeits every interest under this deed to the extent that the law of the State so provides.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"498930f7-7e73-4080-a15d-4801aee28ebe","order":81,"text":"No event other than those described in this Article, and in particular no change in the health, residence, financial position or family circumstances of the Transferor or of a Beneficiary, alters the designation made by this deed. It may be changed only in the manner described in the Article entitled RIGHT TO REVOKE THIS DEED.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f941044d-f41a-4130-a418-d35f7cbfb401","order":82,"text":"10. NO PRESENT INTEREST AND RIGHTS RETAINED BY THE TRANSFEROR","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S10"},{"id":"12f05261-60e3-45a5-b0af-017b2331207e","order":83,"text":"During the lifetime of the Transferor this deed transfers no interest of any kind in the Property. It creates no present, future, vested, contingent or equitable interest in any Beneficiary, gives no Beneficiary any right of possession, occupation, use, income, management or control, and imposes on no Beneficiary any duty, liability or obligation in respect of the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5b897e41-92fc-44f4-be3d-e158475d9e68","order":84,"text":"The Transferor retains full and absolute ownership of the Property and may, without the consent, joinder, knowledge or notice of any Beneficiary, sell, convey, gift, exchange, assign, lease, license, mortgage, encumber, pledge, grant an easement over, transfer into a trust, subdivide, partition, improve, demolish, insure or otherwise deal with the Property in any manner and to the same extent as if this deed had never been made.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cfc04a5d-5156-427e-b3b9-e00efe957e58","order":85,"text":"Because this deed creates no present interest, the Property is not subject during the lifetime of the Transferor to the claims of creditors of a Beneficiary, to any judgment, lien, attachment, garnishment, bankruptcy or insolvency proceeding against a Beneficiary, to any claim of a spouse or former spouse of a Beneficiary, or to any process arising from the acts or obligations of a Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0d0b0a78-a25d-4755-b929-6ada68f50660","order":86,"text":"This deed is not a completed gift. It has no effect on the eligibility of the Transferor for any public benefit or assistance program, on any homestead exemption, on any property tax exemption or valuation relief, or on the liability of the Transferor for property taxes, insurance, maintenance or any debt secured by the Property. The Transferor is advised that a transfer on death deed does not shelter the Property from recovery by a State medical assistance agency after death where the law of the State permits such recovery, and does not by itself avoid reassessment of the Property for property tax purposes at the death of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7beceed4-5a77-4aba-8d5a-d8d6482b41f3","order":87,"text":"If the Transferor conveys or encumbers the Property during the lifetime of the Transferor, this deed operates only on such interest, if any, as the Transferor owns at death. If the Transferor owns no interest in the Property at death, this deed has no effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"faab91e4-a926-4d86-bf5a-6a31931699ad","order":88,"text":"11. NONTESTAMENTARY INSTRUMENT AND ABSENCE OF CONSIDERATION, NOTICE, DELIVERY AND ACCEPTANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S11"},{"id":"11a85e5e-04dd-468a-a618-891ba6fb874f","order":89,"text":"This deed is nontestamentary. It is not a will, it is not a codicil to a will, and it is not required to be executed with the formalities of a will. It takes effect without probate administration of the interest it conveys and independently of any will or trust of the Transferor. Nothing in this deed revokes, modifies or replaces any will or trust of the Transferor, and no will of the Transferor can revoke this deed once it has been recorded.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5e281d54-ac36-47c0-b056-b4e25744fa1d","order":90,"text":"No consideration has been given or is required for this deed. This deed is effective without notice to, delivery to, or acceptance by, any Beneficiary during the lifetime of the Transferor, and the Transferor is under no duty to inform any Beneficiary that this deed has been made or recorded.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"23319a73-c158-408f-a54f-f7656b271f86","order":91,"text":"The Transferor declares that the Transferor is of the age of majority, is of sound mind, has the capacity required by the law of the State to make a will, is acting freely and voluntarily and is not acting under duress, menace, fraud, undue influence or misrepresentation. This deed is signed by the Transferor personally and not by an agent acting under a power of attorney.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"833f63d6-4ced-4ac0-9744-01b0eb5557f3","order":92,"text":"12. PROPERTY TAKEN SUBJECT TO ENCUMBRANCES AND WITHOUT WARRANTY OF TITLE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S12"},{"id":"cbd83496-4ba9-4f58-b024-e08811decd0c","order":93,"text":"The Beneficiary takes the Property subject to every conveyance, assignment, contract, option, mortgage, deed of trust, lien, judgment, tax, assessment, easement, covenant, condition, restriction, lease and other interest, encumbrance or limitation to which the Property is subject at the death of the Transferor, whether recorded before or after the recording of this deed. For that purpose the recording of this deed is treated as having occurred at the death of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6f85b9c5-d540-43d0-b3bb-5d0ab59f1b4f","order":94,"text":"The Beneficiary is not relieved of any debt secured by the Property. No debt secured by the Property is exonerated out of any other asset of the estate of the Transferor unless the will of the Transferor expressly so directs.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"516fa50b-b1a1-4257-9244-7580436b5019","order":95,"text":"THIS DEED TRANSFERS THE PROPERTY WITHOUT ANY COVENANT OR WARRANTY OF TITLE, EXPRESS OR IMPLIED, AND WITHOUT ANY REPRESENTATION AS TO THE CONDITION OF THE PROPERTY. That is so even if any other provision of this deed might be read as a warranty. The Transferor gives no covenant of seisin, of right to convey, against encumbrances, of quiet enjoyment, of general or special warranty or of further assurance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b1870f01-58a4-4bc8-837f-40cb74f9041f","order":96,"text":"13. MORTGAGES, DUE-ON-SALE CLAUSES, INSURANCE AND PROPERTY TAXES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S13"},{"id":"cfefbca2-7b54-462b-b0cd-1bbb0233f301","order":97,"text":"Making and recording this deed transfers nothing during the lifetime of the Transferor and creates no present interest in any Beneficiary. It should not therefore of itself amount to a transfer of the Property for the purposes of a due-on-sale or acceleration clause contained in any mortgage, deed of trust or other security instrument encumbering the Property. The Transferor remains personally liable on every obligation secured by the Property and this deed does not release, modify or subordinate any such obligation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fbee9b12-ce15-4765-ba3b-4860d8b279df","order":98,"text":"At the death of the Transferor the Property passes to the Beneficiary subject to every such obligation. Under the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. § 1701j-3(d), and the regulations made under it at 12 C.F.R. Part 191, the holder of a loan secured by a lien on residential real property containing fewer than five dwelling units may not exercise a due-on-sale clause on a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety, on a transfer to a relative resulting from the death of a borrower, or on a transfer under which the spouse or children of the borrower become an owner of the property. A Beneficiary who does not come within one of those exemptions should expect the lender to be entitled to call in the loan, and should approach the lender promptly after the death of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c1b00fe3-7209-4169-84a5-11ce326f1f0b","order":99,"text":"During the lifetime of the Transferor, the Transferor remains solely responsible for property taxes, assessments, insurance premiums, homeowner or condominium association dues, maintenance and repairs, and no Beneficiary is liable for any of them. After the death of the Transferor the Beneficiary should notify the insurer of the Property without delay, since a policy issued in the name of the Transferor may not cover a person who is not named in it, and should also notify the holder of any loan secured by the Property and the taxing authority of the County.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"92fbb2b5-5a4a-4986-8e8a-0d4c758de413","order":100,"text":"14. CO-OWNERSHIP AND RIGHTS OF SURVIVORSHIP","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S14"},{"id":"29f4d20a-792a-4453-a519-96917086899c","order":101,"text":"Where the Transferor holds the Property together with another person as a joint tenant with right of survivorship, as a tenant by the entirety or as the owner of community property with right of survivorship, the right of survivorship of the co-owner prevails over this deed. In that case, if the Transferor is survived by a co-owner, the Property belongs to the surviving co-owner and this deed has no effect; this deed becomes effective only if the Transferor is the last surviving co-owner.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bdb194b2-dd72-464a-8dde-352f925a75e1","order":102,"text":"For that reason, where the Property is held with a right of survivorship, every co-owner should join in this deed as a Transferor so that the designation takes effect on the death of the last of them to die. Where two persons execute this deed as Transferor and hold with a right of survivorship, this deed is effective on the death of the last of them, and the last survivor of them may revoke it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d46aaebe-bf5d-42ec-9967-b5172fe8903e","order":103,"text":"Where the Transferor holds the Property as a tenant in common, this deed operates on the undivided share of the Transferor only and does not affect the share of any other co-tenant. Where the Property is community property without a right of survivorship, this deed operates only on the interest of the Transferor in that community property, and the interest of the spouse of the Transferor is unaffected.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"050dddbe-abad-4d7d-9ed5-b4a7249bf8a8","order":104,"text":"Where two persons execute this deed as Transferor and a revocation is later made, the revocation is effective only if it is made by all of the living persons who executed this deed as Transferor, or by the last survivor of them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2c027579-37c6-45a2-9914-e61b467e5111","order":105,"text":"15. REVOCATION OF PRIOR TRANSFER ON DEATH DEEDS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S15","displayConditions":[{"field":"176fa877-416a-49ce-96b2-9cd236a6b5f2","value":"no","type":"remove","operator":"="}]},{"id":"98832c75-149b-4619-bedb-f1cfde3f0816","order":106,"text":"The Transferor expressly revokes in its entirety the transfer on death deed affecting the Property that was recorded on [Date on which the prior deed was recorded] at [Book, page, document or instrument number of the prior deed] in the Recording Office, together with every other transfer on death deed, beneficiary deed or revocation of either of them previously made by the Transferor and affecting the Property, whether recorded or not.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"176fa877-416a-49ce-96b2-9cd236a6b5f2","value":"no","type":"remove","operator":"="}]},{"id":"0b73f527-8961-4c5b-a23a-cdee7fcc7745","order":107,"text":"That revocation takes effect on the recording of this deed in the Recording Office. The designations made by this deed replace in full the designations made by the revoked instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"176fa877-416a-49ce-96b2-9cd236a6b5f2","value":"no","type":"remove","operator":"="}]},{"id":"03965516-ef20-4302-a540-eb1f2ea7f927","order":108,"text":"16. RIGHT TO REVOKE THIS DEED","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S16"},{"id":"c2657b70-99e1-4377-9e0c-b154a44b2c49","order":109,"text":"The Transferor may revoke this deed at any time before the death of the Transferor, without the consent, joinder, knowledge or notice of any Beneficiary, and no Beneficiary may prevent, delay or object to the revocation. The right to revoke is absolute and cannot be waived by any agreement made by the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f3756678-7872-41a0-b86f-4bb245c163d3","order":110,"text":"A revocation is effective only if the instrument by which it is made is acknowledged before a notary public after the date this deed was acknowledged, is executed with the formalities that the TOD Statute requires, and is recorded in the Recording Office before the death of the Transferor. A revocation may be made by recording an instrument of revocation, by recording a later transfer on death deed affecting the Property, or by recording an inter vivos deed, deed of trust or other instrument by which the Transferor conveys or transfers the Property away.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b8bb5e7a-65af-4e8c-83aa-8e8fd8f9aa58","order":111,"text":"THIS DEED CANNOT BE REVOKED BY WILL. A provision in a will of the Transferor purporting to revoke this deed, or purporting to devise the Property to a person other than a Beneficiary, does not revoke this deed and does not defeat the transfer it makes.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"00fd2c0d-54f2-49f8-9689-136886c9a5ef","order":112,"text":"Because the Property is located in California, a revocation is effective only if the instrument of revocation is itself signed, witnessed by two witnesses present at the same time and acknowledged before a notary public, and is recorded on or before 60 days after the date it was acknowledged. Cal. Prob. Code § 5644 prescribes a statutory form of revocation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"f7476b75-de5c-48f5-938d-9bbef26725b0","order":113,"text":"Because the Property is located in Texas, revocation is governed by Tex. Est. Code § 114.057, and a transfer on death deed made by joint owners with right of survivorship is revoked only if it is revoked by all of the living joint owners. Tex. Est. Code § 114.152 prescribes an optional form of revocation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"62c16709-ae33-4a86-8b4e-a5fe8583be9c","order":114,"text":"17. DISCLAIMER BY A BENEFICIARY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S17"},{"id":"b87ce386-4828-41a2-813b-a3a5f4b952b7","order":115,"text":"A Beneficiary may disclaim all or any part of the interest that this deed would otherwise transfer to that Beneficiary, in the manner and within the time required by the law of the State governing disclaimers of interests in property. A Beneficiary who disclaims is treated for the purposes of this deed as having failed to survive the Transferor, and the disclaimed share passes in the order set out in the Article entitled SURVIVAL REQUIREMENT AND LAPSE.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8c83644a-4958-45db-bc9d-fdb9d2eb9cee","order":116,"text":"Nothing in this deed obliges a Beneficiary to accept the Property, and no Beneficiary incurs any personal liability by reason of the designation alone.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4eb4f5be-e729-4e7b-9df1-432af2847822","order":117,"text":"18. CLAIMS OF CREDITORS, EXPENSES OF ADMINISTRATION AND STATUTORY ALLOWANCES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S18"},{"id":"9d8f0b52-b04c-427d-b70e-50139dbe72bf","order":118,"text":"The Property transferred by this deed remains liable, to the extent that the law of the State provides, for the claims of creditors of the Transferor, for the expenses of the last illness and funeral of the Transferor, for the expenses of administering the estate of the Transferor, for statutory allowances and exempt property rights of a surviving spouse and of minor children, for the elective or forced share of a surviving spouse, and for any claim of a State medical assistance agency, so far as the other assets of the estate are insufficient.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"05e51b8d-3ccc-4145-b552-1e19de27b459","order":119,"text":"A Beneficiary who takes the Property under this deed is liable for those claims and allowances only to the extent, and in the manner and within the time limits, that the law of the State prescribes, and in no event beyond the value of the interest received by that Beneficiary under this deed. Where more than one Beneficiary takes, they are liable in proportion to the value of the interest each of them receives.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd9131df-5a6a-4e7c-ad69-da7e250ca2f6","order":120,"text":"Nothing in this deed limits the homestead rights of a surviving spouse or of a minor child, the family allowance, or any allowance in lieu of exempt property provided by the law of the State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"97fc1aec-0350-48d9-a76f-285a2a566aff","order":121,"text":"19. FEDERAL TAX TREATMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S19"},{"id":"3216acb3-f368-4893-8c4e-5db7530a47a4","order":122,"text":"The making and recording of this deed is not a completed gift for federal gift tax purposes, because the Transferor reserves the power to revest the beneficial title to the Property in the Transferor. See 26 C.F.R. § 25.2511-2(c). No federal gift tax return is required by reason of this deed alone, and no annual exclusion or lifetime exemption is used by making it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"66af386c-1096-48b9-aad3-58ab30f8675a","order":123,"text":"Because the Transferor retains until death the power to alter, amend or revoke the transfer this deed makes, the Property is included in the gross estate of the Transferor for federal estate tax purposes under 26 U.S.C. § 2038, and, so far as the Transferor also retains possession or enjoyment of the Property, under 26 U.S.C. § 2036. That inclusion is generally advantageous, because the basis of the Property in the hands of the Beneficiary is then adjusted to its fair market value at the death of the Transferor under 26 U.S.C. § 1014, so that appreciation accrued during the lifetime of the Transferor is not taxed if the Beneficiary later sells the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"992cf3ee-04d4-4c48-99c2-2a7ed61b0486","order":124,"text":"Where the Property is community property of the Transferor and the spouse of the Transferor, 26 U.S.C. § 1014(b)(6) may operate to adjust the basis of the whole of the community interest and not merely of the half belonging to the deceased spouse.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2168e00d-bb50-4b24-ba0f-ef9c792d1745","order":125,"text":"This deed does not by itself avoid any state or local transfer or inheritance tax, any reassessment of the Property for property tax purposes on a change of ownership at death, or recovery by a state medical assistance agency. Federal exemption amounts, rates and reporting thresholds change from time to time. Nothing in this Article is tax advice, and the Transferor should consult a qualified tax adviser about the effect of this deed on the estate of the Transferor and on the Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"aca9b0c5-38e0-4854-8d28-2c51b6c9b63e","order":126,"text":"20. PROCEDURE ON THE DEATH OF THE TRANSFEROR","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S20"},{"id":"0f289e48-19c4-41d4-b792-c4be01cc21a7","order":127,"text":"To perfect and to give record notice of the transfer made by this deed, the Beneficiary should, after the death of the Transferor, record in the Recording Office an affidavit or other instrument establishing the fact of the death of the Transferor, in the form that the law of the State prescribes, together with a certified copy of the death certificate of the Transferor. The transfer takes effect at the death of the Transferor whether or not that affidavit is recorded, but the failure to record it may make the title of the Beneficiary unmarketable and may prevent the Beneficiary from selling, mortgaging or insuring the Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ef94b8ab-084f-4be3-94a9-ecdb34ac8479","order":128,"text":"The Beneficiary should also file any change of ownership statement, declaration of value or similar return that the law of the State requires of a person who acquires real property by reason of death, within the time that law allows, and should give any notice to the heirs of the Transferor or to any State agency that the law of the State requires.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"73d82a58-abce-4a4d-bc3b-37ef2475cae3","order":129,"text":"Because the Property is located in California, the Beneficiary should comply with Cal. Prob. Code § 5680, which requires a beneficiary to establish the fact of the death of the transferor, to file a change in ownership statement with the county assessor and to give notice to the State Department of Health Care Services, and with Cal. Prob. Code §§ 5681 and 5682, which require notice to be given to the heirs of the transferor and an affidavit to be recorded.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"fe8e0e0b-2c59-46aa-9571-b929f15b1be7","order":130,"text":"Any notice to be given to a Beneficiary in connection with this deed may be given at the mailing address of that Beneficiary set out in this deed, or at any later address of which the person giving the notice has actual knowledge, and is effectively given when sent by first class mail, by a recognized courier or by any means that the law of the State prescribes for notices of that kind. A Beneficiary should inform the Transferor of any change of address.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d49c7df9-09a2-4917-b706-5cdf0068000f","order":131,"text":"The Transferor is encouraged, but is not required, to give a copy of this deed to each Beneficiary and to keep the original recorded deed with the estate planning papers of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"101588e7-3c0b-46ad-b0cd-0177e5b14739","order":132,"text":"21. SPOUSAL CONSENT AND WAIVER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S21","displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"096ad571-8caa-4598-a182-7fe0b96a191b","order":133,"text":"[Full legal name of the consenting spouse], the spouse of the Transferor, joins in this deed for the sole purpose of consenting to it. The spouse acknowledges having read this deed, declares that the spouse understands its effect, and consents to the designation of the Beneficiary made by it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"23f2f954-decd-4c93-81c5-5a9a20c14e07","order":134,"text":"So far as the Property is or may be community property, marital property or property subject to a homestead right, an elective share, a forced share or any other statutory interest of a spouse, the spouse consents to the transfer this deed makes and waives, to the extent that the law of the State permits such a waiver, any right to claim against the Beneficiary in respect of that transfer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"a4190d36-0224-4ecf-b17a-b381bda47073","order":135,"text":"This consent does not make the spouse a Transferor, conveys no interest of the spouse in the Property and does not prevent the spouse from dealing with the interest of the spouse in the Property during the lifetime of the spouse. This consent does not waive any homestead right of occupancy that the law of the State does not permit to be waived by an instrument of this kind. The Transferor and the consenting spouse are each advised to take independent legal advice before signing this deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"c1d8f232-f05b-41eb-8ff6-783bf32b7b46","order":136,"text":"22. GOVERNING LAW, SEVERABILITY AND ENTIRE INSTRUMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S22"},{"id":"01ba5f7a-319d-4b22-80d0-6ef22c8b319c","order":137,"text":"This deed is governed by, and is to be construed in accordance with, the law of the State of California, being the State in which the Property is located, without regard to any rule of conflict of laws. The TOD Statute prevails over any provision of this deed inconsistent with it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3ff8e832-1112-4958-a9a4-83ace72ac6cc","order":138,"text":"If any provision of this deed is held invalid, void or unenforceable, that provision is severed and every other provision remains in full force, and in particular the designation of the Beneficiary and the transfer at death made by this deed are to be preserved so far as the law allows. If the designation of one Beneficiary fails, the designation of every other Beneficiary stands.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"98303ee0-869b-47e3-9e21-604309e6f0e6","order":139,"text":"This deed contains the whole of the transfer on death designation of the Transferor in respect of the Property and supersedes every earlier designation affecting the Property made by the Transferor. It may be amended only by a further instrument executed and recorded with the same formalities as this deed. A failure by the Transferor to insist on strict performance of any term of this deed is not a waiver of that term.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7ae2bf66-25ab-4ff7-8a66-13b28e515ae8","order":140,"text":"This deed binds and benefits the heirs, devisees, personal representatives, successors and assigns of the Transferor and of each Beneficiary, so far as the nature of the instrument allows.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bdcccdfc-a355-4168-9bdf-01ec08f49c64","order":141,"text":"23. RECORDING AND EFFECTIVENESS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"22","sectionNum":"S23"},{"id":"b3b804a6-67a6-4fcd-a2ea-0e2458b0f946","order":142,"text":"THIS DEED MUST BE RECORDED IN THE RECORDING OFFICE BEFORE THE DEATH OF THE TRANSFEROR. An unrecorded transfer on death deed has no effect whatever, and the interest of the Transferor in the Property will pass under the will of the Transferor or under the law of intestate succession of the State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a8e81ee9-3c66-42dc-be7b-0f6c983375f1","order":143,"text":"Because the Property is located in California, this deed is not effective unless it is recorded in the office of the county recorder of the County on or before 60 days after the date it was acknowledged before a notary public, as Cal. Prob. Code § 5626 requires. A deed recorded after that period is of no effect and a new deed must be executed and recorded.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"71285c30-816e-468d-9682-1901e77121bf","order":144,"text":"Because the Property is located in Texas, this deed is not effective unless it is recorded before the death of the Transferor in the deed records in the office of the county clerk of the County, as Tex. Est. Code § 114.055 requires.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"add","operator":"="}]},{"id":"ec8ca026-58e0-4c66-bd49-2ecd434bcf5b","order":145,"text":"The Transferor is to lodge this deed for recording in the Recording Office promptly after it has been signed, witnessed where witnesses are required and acknowledged, and in any event within any period that the law of the State fixes for recording an instrument of this kind after acknowledgment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"remove","operator":"="},{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"Texas","type":"remove","operator":"="}]},{"id":"ff778ded-8736-4918-9f21-3fbcf5fc6726","order":146,"text":"This deed is to be executed in a single original bearing the manuscript signature of each person who signs it, and is not to be executed in counterparts. Where the law of the State and the practice of the Recording Office permit an instrument of this kind to be signed electronically, notarized remotely and recorded electronically, this deed may be executed and recorded in that manner; otherwise the original paper instrument must be lodged for recording. The Transferor should keep the recorded original, or a conformed copy of it, with the estate planning papers of the Transferor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a25cd199-1612-455a-9d6c-7f5b6b29fec4","order":147,"text":"The Transferor is to satisfy every requirement of the Recording Office as to margins, paper size, font size, the presence of a return address, the parcel identification number and the payment of recording fees, and is to obtain and keep a conformed copy of the recorded deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9da2a566-91c7-429b-a687-2d2f96c80bc0","order":148,"text":"EXECUTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"26"},{"id":"95302095-bc0e-4089-8eb5-3799957c0cc7","order":149,"text":"IN WITNESS WHEREOF the Transferor has signed this Revocable Transfer on Death Deed at [County of signature] County, State of [State of signature], on [Date of signature].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fe72a065-8f91-43ee-a724-490f93dead4e","order":150,"text":"____________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true,"marginTop":"16"},{"id":"953a00d6-9258-4aa4-9956-c09c4a235470","order":151,"text":"[Full legal name of the Transferor], Transferor","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"9b4d6e7b-2672-42d6-aa4f-8a25e782b4ce","order":152,"text":"____________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true,"displayConditions":[{"field":"0898f283-799c-4d7f-807f-2a644dacb103","value":"one","type":"remove","operator":"="}]},{"id":"4493265c-35e1-4142-8d0a-311ab8208fbe","order":153,"text":"[Full legal name of the second Transferor], Transferor","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true,"displayConditions":[{"field":"0898f283-799c-4d7f-807f-2a644dacb103","value":"one","type":"remove","operator":"="}]},{"id":"fd05ee58-3595-4c5c-b332-deee4c78ebf5","order":154,"text":"CONSENT OF SPOUSE","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"74116527-19a6-4abf-8088-c6e76bad9a68","order":155,"text":"The undersigned, being the spouse of the Transferor, signs this deed for the sole purpose of giving the consent and waiver set out in the Article entitled SPOUSAL CONSENT AND WAIVER.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"be4f7951-9602-495c-b114-b4fa2e13e5c0","order":156,"text":"____________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true,"displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"62c948d1-baad-4a58-8f5c-9a43a4d95463","order":157,"text":"[Full legal name of the consenting spouse], spouse of the Transferor","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true,"displayConditions":[{"field":"873393d3-4bff-4721-9050-825f22861364","value":"no","type":"remove","operator":"="}]},{"id":"f01db5c9-a126-4f64-aed5-68d4b4ba8b03","order":158,"text":"ATTESTATION OF WITNESSES","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"974c0919-c174-41f7-82d0-6d38543ce374","order":159,"text":"Each of the undersigned declares that the Transferor signed this deed in the presence of both of them, both being present at the same time, or acknowledged to both of them, both being present at the same time, that the Transferor had signed it; that each of the undersigned signs as a witness at the request of the Transferor and in the presence of the Transferor; and that the Transferor appeared to each of the undersigned to be of sound mind and to be acting freely and voluntarily. This attestation is made under Cal. Prob. Code § 5624.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"1ea3237a-c972-410e-a5ef-499b28278648","order":160,"text":"____________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"3def86b0-437a-4c9f-93e1-57bd5c6d5234","order":161,"text":"[Full name of the first witness], witness","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"5562afaa-a541-475c-9a33-c8879c4e69fb","order":162,"text":"____________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"25b75256-f7eb-4d49-ae36-32ed392d0249","order":163,"text":"[Full name of the second witness], witness","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"81ef23d3-3fbe-42d1-85fb-9eb2f474dbeb","order":164,"text":"CERTIFICATE OF ACKNOWLEDGMENT","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"16"},{"id":"5ffc1355-0012-4d1d-be23-70a25a9e18e4","order":165,"text":"A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"12","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"4e8e782f-8fbf-4e5a-a427-6f9c304db94f","order":166,"text":"State of [State of signature] )","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true},{"id":"328a45eb-b83a-4778-91c3-7abbc6af5023","order":167,"text":"County of [County of signature] )","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d98df4b6-5376-4fa9-906a-5d3a45ed419f","order":168,"text":"On ______________________ before me, _________________________________________, a notary public, personally appeared [Full legal name of the Transferor], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her authorized capacity, and that by his or her signature on the instrument the person executed the instrument.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0898f283-799c-4d7f-807f-2a644dacb103","value":"two","type":"remove","operator":"="}]},{"id":"56d75172-ac6f-4be8-b1f4-d78befd6353d","order":169,"text":"On ______________________ before me, _________________________________________, a notary public, personally appeared [Full legal name of the first Transferor] and [Full legal name of the second Transferor], who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons executed the instrument.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0898f283-799c-4d7f-807f-2a644dacb103","value":"one","type":"remove","operator":"="}]},{"id":"583692ee-3ec8-447c-a8b8-b640970b6e78","order":170,"text":"I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"74a3463f-1b39-4db8-af5e-da7716a32438","value":"California","type":"add","operator":"="}]},{"id":"dadf1226-6126-43ae-87dd-be8dd8e5636f","order":171,"text":"WITNESS my hand and official seal.","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"d7324faa-b6cc-413b-94e6-4b442b276595","order":172,"text":"____________________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"3613a9cd-a27f-4380-a6b0-7407009ad95b","order":173,"text":"Signature of notary public (Seal)","fontSize":"12","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true}]