2013 Kentucky Revised Statutes CHAPTER 382 - CONVEYANCES AND ENCUMBRANCES 382.295 Recording master form for mortgages -- Incorporation by reference of contents.
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382.295 Recording master form for mortgages -- Incorporation by reference
of contents.
(1)
(2)
(3)
An instrument containing forms of covenants, conditions, obligations, powers,
and other clauses of a mortgage may be recorded in the county clerk's office of
any county, and the county clerk of such county, upon the request of any
person, on tender of the lawful fees therefor, shall record the same. 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)." The instrument
need not be acknowledged to be entitled to record.
When any such instrument is recorded, the county clerk shall index the
instrument under the name of the person causing it to be recorded in the
manner provided for miscellaneous instruments relating to real estate.
After the form mentioned in subsection (1) of this section is recorded, any of
the provisions of such master form instrument may be incorporated by
reference in any mortgage of real estate situated within this state, if the
reference in the mortgage states that the master form instrument was recorded
in the county in which the mortgage is offered for record and states the date
when and the book and page or pages where the master form instrument was
recorded. The recording of any mortgage 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 the provisions of the master
form so incorporated by reference had been set forth fully in the mortgage.
History: Created 1970 Ky. Acts ch. 88, secs. 1-3.
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