17-630.   Mortgages and deeds of trust for securingbonds ofinterstate gas pipelines and certain public utilities or indebtednessincurred under rural electrification act; execution and filing;notice.Every mortgage or deed of trust, or satisfaction thereof, covering anyreal or personal property situated in this state, made to secure thepayment of bonds issued or to be issued thereafter by any corporationwhich is an interstate gas pipeline company, or by any public utility asdefined in K.S.A. 66-104 and amendments thereto except nothing hereinshall apply toor affect railroad corporations, and every mortgage or deed of trust, orsatisfaction thereof, covering any real or personal property situated inthis state made to secure any indebtedness incurred under the ruralelectrification act of 1936, as amended (U.S. code, title 7, chapter31), shall be executed and duly acknowledged and certified, as otherinstruments affecting real estate. Such mortgage or deed oftrust, or satisfaction thereof shall be filed in theoffice of the secretary of state accompanied by the form prescribed byK.S.A. 84-9-521(a), and amendments thereto, which must indicate in box 10 ofthe form that theinstrument is filed in accordance with this section. The secretary shallcertify that the instrumenthas been filed in the secretary's office by endorsingupon the originalsigned instrument the word "filed" and the date and hour of its filing.This endorsement is the "filing date" of the instrument and isconclusive of the date and time of its filing in the absence of actualfraud. The secretary of state shall thereupon file and index theendorsed instrument in accordance with part 5 of article 9 of the uniformcommercial code, and amendments thereto. The instrument shall be effective uponthe record until terminated and the secretary of state shall remove the recordone year after termination.The filing of such instrument in theoffice of the secretary of state shall be notice to all persons of thecontents thereof and to all subsequent purchasers and encumbrancers ofthe rights and interests of the parties thereto as to property describedin the filed instrument and property acquired subsequent tothe execution thereof if the instrument so provides. Notwithstanding any provision of law to the contrary, no other filingof any such instrument shall be necessary. Any such mortgage or deed of trustfiled in the office of the register of deeds ofany county in this state may be refiled in the office ofthe secretary of state in the manner provided inthis section. Such refiling shall thereafter as toany property notpreviously released from such mortgage or deed of trust be of the sameeffect as if the instrument had been originally filed inthe office of the secretary of state. The secretary of state shall chargethe same filing and information retrieval fees and credit the amounts in thesame manner as financing statements filed under part 5 of article 9 of theuniform commercial code, and amendments thereto.

      History:   L. 1974, ch. 232, § 1; L. 1975, ch. 129, §1;L. 1999, ch. 39, § 1;L. 2002, ch. 159, § 1; May 23.