2006 New York Code - Corporate Mortgages Against Real And Personal Property



 
    §  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.

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