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2017 Utah Code
Title 57 - Real Estate
Chapter 3 - Recording of Documents
Part 2 - Master Mortgage and Trust Deeds
Section 203 - Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions.
Universal Citation: UT Code § 57-3-203 (2017)
57-3-203. Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions.
Enacted by Chapter 61, 1998 General Session
- (1)
- (a) After a master form is recorded in accordance with Section 57-3-202, any provision of that master form may be incorporated in a mortgage or trust deed without setting the provision in full by making reference to the master form in the manner provided in this section.
- (b) The incorporation of a provision of a master form is effective for purposes of this chapter only if it complies with the provision of this section.
- (2) To incorporate a provision of a master form:
- (a) the master form shall be of record in any county in which the mortgage or trust deed incorporating the master form provision is recorded;
- (b) the mortgage or trust deed incorporating the master form provision shall contain a statement for each county in which the mortgage or trust deed is to be recorded that:
- (i) gives the specific date on which the referenced master form was recorded in that county;
- (ii) identifies the referenced master form by reference to the indexing information for the referenced master form from the county records of that county, providing:
- (A) the entry number; and
- (B) the book and first page number of the records or book where the recorded master form appears; and
- (iii) if less than all of the provisions of the referenced master form are incorporated, identifies by paragraph, section, or other method which provision is incorporated into the mortgage or trust deed.
- (3) In the absence of a statement identifying which provision is to be incorporated as described in Subsection (2)(b)(iii), the entire referenced master form is considered incorporated.
- (4) A party may not incorporate by reference the legal description of the real property affected by the mortgage or trust deed being recorded.
Enacted by Chapter 61, 1998 General Session
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