48-3162. Authority of district secretary to
execute notes and mortgages upon failure of landowner to do so;
effect
A. If any landowner refuses to execute the note and mortgage within twenty days
after the date of mailing or first publication of a copy of the resolution and notice,
the district secretary shall become the duly constituted and appointed legal
representative and attorney-in-fact of the delinquent landowner with full power and
authority to execute the note or notes and the mortgage securing such note or notes, and
any other papers or documents necessary in relation thereto, for and on behalf of the
owner and in his name, with like effect as if they were executed by the landowner in
person, and the district secretary shall, pursuant to such powers, execute, acknowledge
and deliver the notes and mortgage and other papers and documents to the board of
directors.
B. No note, mortgage or similar document executed by the district secretary as
provided in subsection A of this section shall impose any personal obligation upon the
landowner in whose behalf the secretary executes a note, mortgage or other document, but
the execution of the note, mortgage or other document executed by the secretary shall
constitute a first mortgage lien against the premises involved in accordance with the
tenor and provisions thereof.
C. When any assessment is levied for the purpose of refunding any bond or warrant
obligation of the district, the assessment therefor may be paid with district bonds or
warrants at the refunding value thereof and thereupon no lien shall be created under
section 48-3159 upon such district lands.
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