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This entry was published on 2014-09-22
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SECTION 190
Corporate mortgages against real and personal property
Lien (LIE) CHAPTER 33, ARTICLE 8
§ 190. Corporate mortgages against real and personal property. 1. A
mortgage creating a lien upon real and personal property, executed by a
corporation as security for the payment of bonds, notes or other
evidences of indebtedness, issued by such corporation or any other
corporation, or executed by any telegraph, telephone, electric light,
railroad, street railway or omnibus corporation, and recorded as a
mortgage of real property in each county where such real property is
located or through which the line or route of such telegraph, telephone,
electric light, railroad, street railway or omnibus corporation runs,
need not be filed or refiled as a chattel mortgage or perfected by
filing in accordance with part five of article nine of the uniform
commercial code in any county where the mortgage is recorded, but filing
in accordance with that part in the department of state only is required
to perfect a security interest in the personal property or fixtures
covered by such a mortgage hereafter recorded.

2. When any such original mortgage provides or provided for the
inclusion of property, either personal, or real and personal, thereafter
acquired, a mortgage of such after-acquired property supplemental to
such mortgage may be recorded as a mortgage of real property in each
county where the original mortgage is recorded and in each county where
such after-acquired real property is located and when so recorded need
not be filed or refiled as a chattel mortgage or perfected by filing in
accordance with part five of article nine of the uniform commercial code
in any county where both the original and the supplemental mortgage are
recorded, but filing in accordance with that part in the department of
state only is required to perfect a security interest in the personal
property or fixtures covered by such a supplemental mortgage hereafter
recorded.

3. This section does not require the recording of a supplemental
mortgage or filing in accordance with part five of article nine of the
uniform commercial code in the department of state to perfect a mortgage
of or security interest in after-acquired property when any such
original mortgage provides or provided for the inclusion of such
after-acquired property and decisional law prior to the enactment or
amendment of this section, or of former section two hundred thirty-one
of this chapter, recognized the validity or enforceability of such a
provision in such an original mortgage without the execution or
recording of a supplemental mortgage covering such after-acquired
property, nor does section 9--311 of the uniform commercial code require
the perfection of a security interest in railway rolling stock under
section twenty-c of title forty-nine of the United States code (as added
by the act of July sixteenth, nineteen hundred fifty-two, chapter eight
hundred eighty-one, 66 Stat. 724) as now in force or as hereafter
amended.