The Deed And Lien Waiver is a crucial document in U.S. construction and real estate transactions, typically used when completing construction projects or transferring property interests. It serves two primary purposes: transferring property rights and releasing any potential mechanic's liens. This document is essential for protecting property owners from future claims while ensuring contractors and suppliers properly document the receipt of payment. The document includes detailed property descriptions, payment confirmations, and explicit waiver language, all governed by state-specific property and lien laws.
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1. Parties: Identification and details of all parties involved in the transaction including legal names, addresses, and capacities
2. Property Description: Detailed legal description of the property involved in the transaction
3. Consideration: Statement of payment or other consideration received, including amount and form of payment
4. Waiver Language: Explicit waiver of lien rights, including scope of the waiver and rights being relinquished
5. Execution: Signature blocks, notarization requirements, and witness provisions
1. Conditional Waiver Provisions: Provisions that make the waiver contingent upon receipt of payment or other conditions
2. Partial Waiver Provisions: Specific provisions for partial releases of lien rights for specific work or time periods
3. Indemnification: Additional protections and indemnification provisions for the receiving party
1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and survey details
2. Schedule B - Payment Details: Comprehensive breakdown of payments received or pending, including dates and amounts
3. Schedule C - Project Scope: Detailed description of work performed or materials supplied under the contract
4. Exhibit A - Original Contract: Copy of the original contract or agreement being referenced in the waiver
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