47-29 Recording Master Mortgage

Download pdf

Loading PDF...


CHAPTER 47-29RECORDING MASTER MORTGAGE47-29-01.Recording master form.An instrument containing a form or forms ofcovenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may<br>be recorded in the office of recorder of any county and the recorder of such county, upon the<br>request of any person, on tender of the lawful fees therefor, shall record the same in the<br>recorder's registry. Every such instrument shall be entitled on the face thereof as a &quot;Master form<br>recorded by __________________________ (name of person causing the instrument to be<br>recorded)&quot;. Except as otherwise provided for in this chapter, such mortgage or deed of trust<br>instruments shall meet all other requirements for recording.47-29-02. Indexing. When any such instrument is recorded, the recorder shall indexsuch instrument under the name of the person causing it to be recorded in the manner provided<br>for miscellaneous instruments relating to real estate.47-29-03. Incorporating master form. Thereafter any of the provisions of such masterform instrument may be incorporated by reference in any mortgage or deed of trust of real estate<br>situated within this state, if such reference in the mortgage or deed of trust states that the master<br>form instrument was recorded in the county in which the mortgage or deed of trust is offered for<br>record, the date when, the document number, or the book and page or pages where such master<br>form instrument was recorded, and that a copy of such master form instrument was furnished to<br>the person executing the mortgage or deed of trust. The recording of any mortgage or deed of<br>trust which has so incorporated by reference therein any of the provisions of a master form<br>instrument recorded as provided in this section shall have like effect as if such provisions of the<br>master form so incorporated by reference had been set forth fully in the mortgage or deed of<br>trust.47-29-04. Recording instrument incorporating master forms. Whenever a mortgageor deed of trust is presented for recording on which is set forth matter purporting to be a copy or<br>reproduction of the master form instrument or of a part of the master form instrument, identified<br>by its title as provided in section 47-29-01 and stating the date when it was recorded and the<br>book and page or document number where it was recorded, preceded by the words &quot;do not<br>record&quot; or &quot;not to be recorded&quot;, and plainly separated from the matter to be recorded as a part of<br>the mortgage or deed of trust in a manner that it will not appear upon a photographic<br>reproduction of any page containing any part of the mortgage or deed of trust, the matter may not<br>be recorded by the recorder to whom the instrument is presented for recording. The recorder<br>shall record only the mortgage or deed of trust apart from the matter and is not liable for so<br>doing, notwithstanding any other provision of law.Page No. 1Document Outlinechapter 47-29 recording master mortgage