Section 443.451

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 443

Effective - 28 Aug 1993   

  443.451.  Mortgage or deed of trust securing payment of bonds issued by interstate gas pipeline company or public utility, filing in office of secretary of state — notice — lien — refiling, effect — satisfaction, release, or cancellation, duties of secretary of state — fee — not to affect instruments filed prior to effective date of section. — 1.  Notwithstanding other provisions of law to the contrary, every mortgage or deed of trust or any supplement or amendment thereto, or satisfaction thereof, covering any real or personal property situated in this state, made to secure the payment of bonds issued, or to be issued thereafter, by any corporation which is an interstate gas pipeline company, or by a public utility as defined in section 386.020, shall be executed and duly acknowledged and certified, as other instruments affecting real estate, and may be filed in the office of the secretary of state, who shall certify that the instrument has been filed in his or her office by endorsing upon the instrument the word "filed" and the date and hour of filing.  This endorsement is the filing date of the instrument and is conclusive of the date and time of the filing in the absence of actual fraud.  In lieu of filing an original of such instrument, a true copy thereof may be filed with an affidavit by the mortgagor or the mortgagee, or an agent of either, that it is a true copy.  The secretary of state shall thereupon file and index the endorsed instrument.

  2.  The filing of such instrument in the office of the secretary of state shall be notice to all persons of the contents thereof and to all subsequent purchasers and encumbrancers, and no other filing or recording of any such instrument shall be necessary.

  3.  Such mortgage or deed of trust, and any supplement to or amendment thereof, filed in the office of the secretary of state in accordance with the provisions of this section, shall be a lien on the mortgaged property from the time it is filed.

  4.  Such mortgage or deed of trust, or any supplement to or amendment thereof, heretofore recorded or filed in the office of the recorder of deeds of any county in this state may be refiled in the office of the secretary of state in the manner provided in this section, and such refiling shall thereafter as to any property not previously released from such mortgage or deed of trust and any supplement to or amendment thereof be of the same effect as if the instrument had been originally filed in the office of the secretary of state.

  5.  When such mortgage is satisfied, released or cancelled, in whole or in part, and evidence thereof shall be filed in the office of the secretary of state, the secretary of state shall enter the date of such satisfaction, release or cancellation thereof in an appropriate record in his or her office.  The secretary of state shall furnish to the person filing such mortgage, supplement or amendment thereto or any evidence of satisfaction, release or cancellation of such mortgage a certificate of the filing.

  6.  The secretary of state shall charge and collect a fee for each filing or certificate of filing in accordance with the uniform filing fees as provided in section 400.9-403.

  7.  Instruments recorded or filed prior to August 28, 1993, shall not be affected by this section.

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(L. 1993 S.B. 198 § 1)