44-14-36
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44-14-36.
(a)
A mortgage, deed to secure debt, indenture, deed of trust, or other security
agreement or any supplement or amendment thereto relating to real property made
by a railroad corporation, electric or gas corporation, other public utility
corporation, or any corporation or other entities engaged in the furnishing of
telephone service or the production, transmission, or distribution of
electricity or made by any receivers, trustees, or other legal officers in
possession of or operating any such corporation or other entity shall be
recorded on the real property records in the office of the clerk of the superior
court in each county in this state in which any of the property is located. Any
such security agreement or any supplement or amendment thereto shall be valid
only from the time it is filed for record against subsequent creditors,
grantees, purchasers, and mortgagees acting in good faith and without notice.
Such instruments need not otherwise be filed or refiled except as may be
provided by Chapter 3 of Title 40. To the extent that any mortgage, deed to
secure debt, indenture, deed of trust, or other security agreement or any
supplement or amendment thereto executed before April 8, 1968, has been filed or
recorded as provided in this Code section, it need not be refiled or rerecorded
under this Code section; and nothing in this Code section shall be deemed to
impair the lien or effect of any such instrument executed prior to April 8,
1968, which instrument has been recorded or filed in accordance with the laws of
this state applicable thereto prior to April 8, 1968.
(b)
A security interest relating to fixtures and personal property of such a
corporation shall be perfected as provided in Code Sections 11-9-501 through
11-9-504. Any such prior filing or recording that has been entered on the
Uniform Commercial Code index for secured transactions, where no notice of
conflict of lien or notice of creditor priority has been given, shall be valid
and any such instruments need not otherwise be refiled, rerecorded, or
reindexed.