291-D - Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference.
§ 291-d. Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference. 1. An instrument containing a form or forms of mortgage covenants, conditions, obligations, powers, releases, and other clauses may be recorded in the office of the recording officer of any county and such recording officer, upon the request of any person, on tender of the lawful fees therefor, shall record the same in his said office. Every such instrument shall be entitled on the face thereof as a "Master form recorded by (name of person causing the instrument to be recorded)." Such instrument need not be acknowledged or proved or certified to be entitled to record. 2. When any such instrument is recorded, the clerk or register shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real property. 3. Thereafter any of the provisions of such master form instrument may be incorporated by reference in any conveyance of real property situated within the state, if such reference in the conveyance states that the master form instrument was recorded in the county in which the conveyance is offered for record, the date when and the office, book and page or pages where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the conveyance. The recording of any conveyance which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been set forth fully in the conveyance. 4. Whenever an instrument of conveyance is presented for recording on which is set forth matter purporting to be a copy or reproduction of such master form instrument or of part thereof, identified by its title as provided in subdivision one of this section and stating the date when it was recorded and the county, office, book and page where it was recorded, preceded by the words "do not record" or "not to be recorded, " and plainly separated from the matter to be recorded as part of the conveyance, in such manner that it will not appear upon a photographic reproduction of any page containing any part of the conveyance, such matter shall not be recorded by the county clerk or register to whom the instrument is presented for recording; in such case the county clerk or register shall record only the conveyance apart from such matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding. 5. For the purposes of any provision of law relating to fees for recording, entering or indexing of conveyances, or relating to searches, furnishing of certified copies, reproduction by photographic method or otherwise, or destruction, or to any other matter pertaining to the powers and duties of recording officers with respect to conveyances, except manner of indexing thereof, the master form instrument provided for in subdivision one of this section shall be deemed a conveyance.