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This entry was published on 2018-08-10
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Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 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.