The grantor of a grant deed makes two guarantees to the grantee : 1 ) The grantor / seller guarantees that the property has not been sold to anyone else, and 2 ) That the house is not under any liens or restrictions that have not already been disclosed to the buyer / grantee.
32.
In reality, an escrow holder is always used so that the transaction does not close until the escrow holder has the funds, grant deed, and deed of trust in their possession, so that the transaction can be easily rescinded if one party is unable to complete its part of the deal.
33.
The identities of the Great Grant sellers, three Cherokee Chiefs acting for and on behalf of the Cherokee nation and also signatories to the Path Grant deed were Alla Cullocullah ( aka Attacullaculla ), Oconistoto, and Savanooko, being the representatives appointed by the warriors and other head men on behalf of the whole nation.
34.
Transactions involving deeds of trust are normally structured, at least in theory, so that the lender / beneficiary gives the borrower / trustor the money to buy the property; the borrower / trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower / trustor; and the borrower / trustor immediately executes a deed of trust giving the property to the trustee to be held in trust for the lender / beneficiary.
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